Trump has not been charged and convicted of the federal crime of insurrection.
This is true and the best argument Trump has going for him. (fwiw, my non-expert guess is that this is what SCOTUS will say.) But there is nothing in the Insurrection Act that states that there must be a criminal conviction. Furthermore, were any confederate soldiers convicted of insurrection? It seems that the framers of the Act had no intention of getting a criminal conviction to keep Jefferson Davis from running.
So we are in a world where a future criminal trial could determine a consequence now. Platonically, Trump is guilty (or not) now. In what world could you get a criminal conviction of a president in four years? Serious, it can’t work like that. (doesn’t mean scotus won’t try.)
Edit: ‘s/Act/Clause/g’ <- that should fix the brainfart.
I think for the confederates it was different. There was an actual war fought, not a single event. Since reconstruction was about returning the south to the fold, they went easy on some things they probably shouldn’t. But, I don’t think any of the high level confederates really fought to get higher office.
This is true and the best argument Trump has going for him. (fwiw, my non-expert guess is that this is what SCOTUS will say.) But there is nothing in the Insurrection Act that states that there must be a criminal conviction. Furthermore, were any confederate soldiers convicted of insurrection? It seems that the framers of the Act had no intention of getting a criminal conviction to keep Jefferson Davis from running.
So we are in a world where a future criminal trial could determine a consequence now. Platonically, Trump is guilty (or not) now. In what world could you get a criminal conviction of a president in four years? Serious, it can’t work like that. (doesn’t mean scotus won’t try.)
Edit: ‘s/Act/Clause/g’ <- that should fix the brainfart.
I think for the confederates it was different. There was an actual war fought, not a single event. Since reconstruction was about returning the south to the fold, they went easy on some things they probably shouldn’t. But, I don’t think any of the high level confederates really fought to get higher office.
Which, really, is the same situation here.
People died on January 6. Someone was shot storming our nation’s capital building.
It is a clear and decisive event just like the civil war.
Cops. They killed fucking law enforcement They are terrorists and traitors. While claiming law and order party.
Hundreds of thousands dead versus, what, 10? Maybe?
You can’t equate the two.