California secretary of state declines to remove Donald Trump from presidential primary ballot

return2ozma@lemmy.world to politics @lemmy.world – 155 points –
California secretary of state declines to remove Donald Trump from presidential primary ballot
cbsnews.com
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Well it's begun, and it's hard to imagine how SCOTUS will word their eventual ruling.

If CO, ME, CA can stick with removing GOP candidates, then Republican states will be removing Biden from ballots using the exact same 14th, Section 3, under "aiding enemies".

The 90% of the electoral college will be known by mid summer, and it will be up to ten states elections with all national monies being flooded into them.

See also as evidence of the GOP plan.

https://www.congress.gov/117/bills/hres1532/BILLS-117hres1532ih.pdf

https://www.washingtontimes.com/news/2023/dec/26/gop-could-bounce-biden-from-ballots-too/

And what crimes exactly has Biden committed that would disqualify him under the 14th? What "enemies" has he been aiding?

That didn't stop then from opening impeachment investigation against Biden.

You are naively assuming that Republicans are honorable and play by the rules.

Other than Carter, they've attempted to impeach every democratic president since Nixon.

Which is precisely why their response should be wholly meaningless when trying to decide what to do. Trump participated in an insurrection. He's not eligible to run for president. That's about all the analysis needed.

impeachment investigation

Means nothing but how they chose to waste their base's political capital. It's not like they're passing any legislation.

I didn't read either link the person you replied to posted, and I have no opinion on the issue itself (whether it's actually likely or just a conspiracy theory) - but I think the implication here is that they'll be able to do it whether a real crime happened or not, if Trump's removal stands. While Trump's crime is undoubtedly real, he hasn't been convicted for it - and that's what sets the precedent they could use here against Biden. I have my doubts those attempts would survive in most courts. Additionally, I doubt "enemies" is a term that's defined in any federal statute, which leaves the phrase "...or given aid or comfort to the enemies thereof" extremely open to interpretation.

Which is fair. Trump has indeed not been convicted of the crime. The court of public opinion would disagree but until a legal decision is handed down we should presume innocent until proven guilty.

As for the links I found the first to be about a House resolution for impeachment based around Biden's handling of the withdrawal from Afghanistan and some comments he had as Vice president related to it. The second is an opinion piece conflating the withdrawal with giving aid to an enemy. As the withdrawal provided the Taliban an opportunity to return to power. Nevermind that Trump started it in the first place. It seems the GOP "plan" is to throw shit at the wall and see what sticks.

There are plenty of things to dislike Biden for but this certainly ain't one of them

The people who this amendment was directly intended to bar were not convicted of underlying crimes to make them viable subjects. The courts will review these actions, but there's nothing in the amendment that either directly or indirectly requires insurrectionists be convicted of a crime.

While Trump's crime is undoubtedly real, he hasn't been convicted for it

There is no protection of life, liberty, or property that hinges on "conviction". The right is to "due process".

OJ was deprived of "life, liberty, or property" not through conviction in a criminal court, but by order of a civil court. He was never convicted. He was found liable.

Trump was afforded all of the rights of the accused in Colorado, which ruled against him in a civil hearing. He wasn't convicted of the criminal act of insurrection, but he was found to be liable for having committed insurrection. He was afforded due process.

This all assumes that "running for president" is a "liberty" afforded to individuals. The constitution does not declare such a right. Quite the contrary, the constitution empowers state legislatures to enact the rules for their own elections, including determining who should appear on ballots.

So taking your last paragraph at face value, you're of the opinion that states could legally (in theory) remove Biden from their ballots for pretty much any arbitrary reason, as long as that reason was enshrined in state law by the state legislature or state constitution?

Apparently letting criminals to come from the southern border.

Fun fact: immigrants both documented and undocumented are statistically much less likely to commit crimes than native born citizens.

Because we all know that never happened under Trump…

Fun fact, the vast majority of the fentanyl is smuggled in by our own citizens!

If they have as much evidence of Biden aiding enemies as they did of the last election being stolen, the GOP is honestly better off forming up outside Ft. Sumpter for the next J6. It'll go about as well as it did in the 1860s.

This is how we end up with a second civil war.

Biden gets removed in republican states. Trump gets removed in democratic states. Trump gets elected in Republican states. Biden gets elected in democratic states. Suddenly the nation is split.

The US is already fractured and much closer to a civil uprising and maybe a civil war than most people want to admit. Mass shootings that are often politically motivated happen nearly daily, as close to a non functioning Congress as you could get, and apparently anyone can say anything and claim they are correct regardless of facts.

Extremism has been ramping up for years, there's nothing sudden about it. Welcome to 'Who's Country Is It Anyway?' where everything's made up and the points don't matter.

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The losers want to have Trump run their country? That sounds like justice actually. After that failed state implodes the Union will once again scoop up the losers and make the place livable again.

Losers always lose.

It only matters who controls DC and since Biden is already moved in he would control the majority of the military.

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Why are you downvoted?

Because his argument is bollocks.

Yes, some insane Republicans might try to remove Biden, just as they are trying to impeach him. But a lot of other Republicans and independents are still faithful to the constitution.

This isn't kindergarten where everyone gets an apple or no one gets an apple.

There needs to be legal grounds, and the case against Trump is quite a strong case. SCOTUS will decide, and they will need to provide a legal argument for their decision.

Where are you from?

E: You don't get 'bollocks' from Americans all that much is all... rhetorically at least

Because doomposting about how any attempt to improve our country is doomed to fail and you should definitely just not bother voting, or attempting to make anything better, and just sit back and take it, is a traditional GOP disenfranchisement method.

And it has no place here.

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