• Ook the Librarian@lemmy.world
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    7 months ago

    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.

    • BB69@lemmy.world
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      7 months ago

      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.

      • Ashyr@sh.itjust.works
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        7 months ago

        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.

        • blazeknave@lemmy.world
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          7 months ago

          Cops. They killed fucking law enforcement They are terrorists and traitors. While claiming law and order party.

        • BB69@lemmy.world
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          7 months ago

          Hundreds of thousands dead versus, what, 10? Maybe?

          You can’t equate the two.