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Forum nameGeneral Discussion
Topic subjectLegal arguments are gaining steam that he should be barred over Jan 6.
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=13490370&mesg_id=13490429
13490429, Legal arguments are gaining steam that he should be barred over Jan 6.
Posted by stravinskian, Fri Aug-25-23 10:04 AM
I assume this is what the OP was talking about.

There was a big op-ed coauthored by Michael Luttig and Laurence Tribe a few weeks ago that outlined the argument. Luttig is the retired super-right-wing judge who's been increasingly yelling at his party over their Trump-related hypocrisy. This is totally unrelated to convictions -- just plain language in the 14th amendment that anyone who encourages insurrection can't go on state ballots for the US presidency. Civil war stuff at the time, but it's still in force and doesn't require a legal finding.

While I have no doubt that Tribe and Luttig are right on the legal merits, the idea of barring him from the ballots over this still seems far fetched to me. It would require state-level officials to declare his ineligibility without any sort of official legal process (there would be appeals, but they would likely just complicate things further). This seems like an invitation for people to view it as political, which is exactly what Trump would claim.