• TransplantedSconie@lemm.ee
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    1 year ago

    Wouldn’t a conviction of the January 6th insurrection bar him from office via the 14th Ammendment?

    Kinda sure stoking a rebellion against the government is a bigly no-no.

    • Riccosuave@lemmy.world
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      1 year ago

      Only if he is charged with either aiding or inciting an insurrection. It has to specifically be one of those charges, or actual treason based on all of the legal interpretations I have seen.

        • MiddleWeigh@lemmy.world
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          1 year ago

          Well yea. A felon running for prez implies they are the right kind of felon: wealthy.

          While a felon who can’t vote is : poor, poc, not worthy of participating in our lovely, high-water mark democracy.

        • McNasty@sh.itjust.works
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          1 year ago

          I’m a felon, and I can vote.

          Not a bullshit felony, either. I pled to 3 armed robbery charges, got 14 years with a mandatory 7 in North Carolina.

          My sentence made me ineligible for parole, and when I was released they presented me with a document called “Restoration of Citizenship” which restored all rights (except firearm ownership I think. Not gonna test that one.)

          • HelixDab2@lemm.ee
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            1 year ago

            Assuming that you’re in a better place now where you aren’t going to be committing more violent crimes, you should probably get that clarified.

            In many states, felons do not have the right to vote. That’s been a big push for certain segments of liberals, on the theory that people that can’t vote are less personally invested in the society that they’re a part of. E.g., they’re unable to fully integrate, and therefore are more likely to reoffend.

            • McNasty@sh.itjust.works
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              1 year ago

              I’ve been out more than 25 years, with no recidivism.

              Not all states restore your rights automatically, but the wording on the document is quite clear about restoring voting rights.

              Restoration of Citizenship is a vital document, just like a birth certificate.

              Edit to add a bit of the relevant law:

              All rights are automatically restored upon “unconditional discharge” of sentence or unconditional pardon. N.C. Gen. Stat. § 13-1. This language has been interpreted to include payment of all court debt, a barrier to voting ruled unconstitutional under the State constitution in September, 2020, that is the subject of ongoing litigation.1 The agency releasing the prisoner (or probationer) must file a certificate evidencing unconditional discharge and restoration of the rights of citizenship with the court in the county of conviction (North Carolina state offenses) or the county of residence (for offenses under federal law or the law of another state). § 13-2.

              The paperwork I have mentions “…all rights including the right to vote…” I have gotten conflicting advice on whether that includes firearms, but I’m not pushing it. I can hunt with a bow.

      • TransplantedSconie@lemm.ee
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        1 year ago

        He did tell them to “March down there and fight like hell” just after Ghouliani said we need to have “Trial by combat.”

        That’s inciting stupid people to do something stupid.

        • Riccosuave@lemmy.world
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          1 year ago

          I agree that it was incitement. I would also personally argue that Donald Trump is in fact a traitor. However, my personal opinion and what he can be tried and convicted for by a jury of his peers are two entirely different things.

    • HelixDab2@lemm.ee
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      1 year ago

      Yes, but no.

      First, Trump would have to be charged, and convicted, of treason, insurrection, etc., in order for that to apply. There’s been no legal determination of that yet, and it’s unlikely to come prior to the election.

      Second, this presumes that Congress does what it’s supposed to do, and refuses to swear in a president that has elected after committing treason, etc. If congress simply ignores section 3 of the 14A, then there’s not really much of a remedy available to a typical citizen.