Gaetz, Stefanik offer resolution declaring Trump ‘did not engage in insurrection’
thehill.com
... in other words gaetz and company are admitting (knowingly or unwittingly) that
- trump is an insurrecionist
- trump is very likely to lose at the supreme court in his colorado 14th amendment appeal hearing
- that the plain text reading of section 3 of the 14th amendment says congress can waive the condition (but only if 2/3 of both houses agree to waive the condition)
the funny thing is how when this passes the house, it won't be anywhere close to the 290 they need but they'll try to act as though it's binding. and they're doing this before the hearing, where the plaintiff's attorney and/or the colorado solicitor general can point out that since the house and senate have initiated resolutions declaring trump not an insurrectionist that the colorado supreme court ruling should hold since the congress has started the process of returning trump to the ballot.
and if I a non law talkin guy could see this and figure it out then so should the supreme court. especially if someone points that out to them.
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The 14th amendment explicitly allows Congress to cure a disqualification with a 2/3 vote in each house. The idea that it should also be implied that that same Congress decides someone is disqualied is absolutely ridiculous. In a way, I kind of want this resolution to get just enough traction to get challenged and have someone try to explain why a resolution passed (by just one house? Not sure) with a simple majority should be enough to cure a constitutional provision that needs 2/3. And whine we're at it maybe shine a light on the fact that Congress should not be the one making this determination other than the 2/3 to cure provision.
They're trying to do an end-run around the 2/3 provision, though. Instead of using that to un-disqualify him, they are trying to get a simple majority to state "He never did those things in the first place", and contradict the Colorado judge.
I'm pretty sure that's not how the law works, though. Congress makes law, and judges interpret it. While there's still an open issue on who gets to declare that the provisions of the amendment have self-executed, Congress can't simply declare "It never happened" and make that declaration have any force.
The only purpose of this resolution is to throw a bone to the MAGAs. Which, ironically, can be seen as inciting another insurrection. So these people might be signing their own disqualification if it leads to another MAGA tantrum on Federal buildings in DC.
Yeah. 100% counterproductive and I hope they move forward with it. Then we can have Gaetz explain his form to SCOTUS
"We have always been at war with Eurasia."