this post was submitted on 20 Nov 2024
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Nothing in the 14th section 3 says he must be charged with it even tried for insurrection. The Colorado trial court judge, after hearing all of the J6 evidence against Trump, found that he did engage in insurrection but did not remove him from the ballot. https://www.citizensforethics.org/news/press-releases/appeal-filed-in-colorado-14th-amendment-case/
The Colorado Supreme Court eventually ruled that he should be removed from the primary ballot.
SCOTUS did not take up the question of if Trump had participated in an inspection ~~inspection~~, they only ruled that a state could not remove a candidate under the 14th section 3.
Edit: a word
Which is odd, since the constitution CLEARLY and DIRECTLY states that it takes an act of congress to put an insurrectionist onto the ballot. So requiring congress to take them off isn't just unfounded, it's in direct contradiction to what's written.