Disqualifying Trump Without a Verdict: ‘Disqualification Without Conviction’ Is Emerging as a Democratic Strategy

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This is tyranny – American-style.

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‘Disqualification Without Conviction’ Is Emerging as a Democratic Strategy

Party is prepared to proceed even though the 45th president was actually acquitted — found to be ‘not guilty’ — of incitement to insurrection.

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By: A.R. Hoffman, NY Sun,  December 22, 2022:

The decision by the January 6 committee to refer President Trump to the Department of Justice for criminal prosecution for incitement to insurrection could emerge as a landmark in efforts to disqualify the former president from office, regardless of whether indictments are handed up — or verdicts brought in.

That possibility comes into focus as the legal director of a group pushing to disqualify Mr. Trump, Ronald Fein, tells the Sun that the committee’s findings will “help us demonstrate, in court and to public officials, why Trump is already disqualified.”

Mr. Fein, who works with Free Speech for People to apply the 14th Amendment’s Disqualification Clause to Mr. Trump on the basis of his participation in the events of January 6, 2021, argues that the J6 committee’s work highlights “why Mr. Trump is disqualified from office.” Mr. Fein adds that disqualification “doesn’t require a prior criminal conviction,” an unsettled legal position that appears to beguile Democrats in the House.

Yet Mr. Fein goes further — arguing that disqualification can proceed even though the former president was actually acquitted — found to be “not guilty,” and by a wide margin — when he was tried in the Senate for incitement of insurrection.

Asked by the Sun about the relevance of that verdict, Mr. Fein responds that the “fact that the Senate failed to convict Trump in his second impeachment trial is irrelevant.” He argues that “of the 43 senators who voted to acquit, 22 expressly based their vote on their belief that the Senate lacked jurisdiction to try a former official,” meaning that their votes were not on the merits or that the standard was guilty until proven innocent.

Mr. Fein walks this reporter through a creative calculation. He adds the aforementioned 22, who felt the Senate lacked jurisdiction, to the 57 who voted to convict, to conclude that, as he puts it, a “clear majority, and a likely two-thirds majority, if not more, of senators agree that Mr. Trump is guilty of incitement to insurrection.”

As the J6 committee packs up its tent, more than 40 Democrats have introduced a bill proposing that Mr. Trump is “ineligible to again hold the office of President of the United States or to hold any office, civil or military, under the United States.”

That legislation is sponsored by Representative David Cicilline. It is co-sponsored by, among others, Henry “Hank” Johnson Jr., chairman of the House Judiciary Committee. Mr. Ciciiline tells NBC News that it is “very clear that the president engaged in an insurrection.” He said that if Mr. Trump is convicted, disqualification would be “automatic.”

When Mr. Trump was tried for incitement of insurrection in 2021, it was the sole count at issue in his second impeachment trial, which concluded in an acquittal. In recent generations, only one official has been disqualified on the basis of the 14th Amendment; a county commissioner in New Mexico, Couy Griffin, who was convicted of trespassing on January 6.

Mr. Fein’s contention that conviction is not required for disqualification is bolstered by the state judge, Francis Mathew, who disqualified Griffin. In his decision, Judge Mathew ruled that disqualification is “not a criminal penalty, and neither the courts nor Congress have ever required a prior criminal conviction” for its imposition.

Mr. Trump could face a disqualification push that has nothing to do with January 6. Eighteen U.S. Code § 2071, one of the statutes at play in the Mar-a-Lago documents case, ordains that anyone found guilty of mishandling documents is “disqualified from holding” office again.

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Oliver
Oliver
1 year ago

Didn’t Obama get into office without being a US Citizen and by [poorly] forging his birth certificate with Adobe Illustrator, so that even but the most brain dead could detect the forgery, especially when it is pointed out to them?

Harry
Harry
1 year ago
Reply to  Oliver

No he didn’t. You would need to very simple to believe that.

Adrianjk
Adrianjk
1 year ago
Reply to  Oliver

And now running the show from behind the scenes.

Robert Garcia
Robert Garcia
1 year ago
Reply to  Oliver

I have seen Obama’s original birth certificate from Kenya it has his footprints on it we need to match these prints with Obama’s Prints today and it will expose him for being one of the greatest deceivers in the world.

Snowedin
Snowedin
1 year ago

The progressive commie demos and deep state establishment RINOs are going to try everything they can to dis qualify Trump. Do not think that the general public will let them get away with it.

JoeyJ
JoeyJ
1 year ago
Reply to  Snowedin

The same general public who stood up for freedom during the COVID-19 lock downs? Or who demanded that Hunter’s laptop be released along with all its info on the 10% cut for “The Big Guy”? Or who put an end to the $100+ billion payout to the most corrupt government on planet earth? Or who supported starting WWIII because they believed everything they read about Putin from the MSM? Or who are allowing the Great Reset and the Green New Deal to replace the Constitution as the law of the land?

Those guys?

edD
ed
1 year ago
Reply to  JoeyJ

I agree with BOTH of you, if that’s possible…

William Been
William Been
1 year ago
Reply to  Snowedin

You are absolutely right. See my comment agreeing with you!!!!

armaros
armaros
1 year ago

To understand how Obama “Fundamentally Transformed” the USA one has to look to Putin and Chavez
Putin brought the KGB into every key institution, economic sector, and ministry. Then all those become subservient to the KGB via blackmail (and worse means).
Making Russia more tyrannical even than the USSR was. As in the USSR the government was divided between the political, military, and internal security/intel arms.
Chavez used racial divisions and income inequality to create a permanent base of voters (by rallying the slums with no id or fixed addresses) and to create his enforcers, the Collectivos (which operate like BLM/Antifa for Democrats)
This Chavez system even survived two major economic crises because of how solid this base became.
He also used China as the backer when push came to shove. The Democrats also benefit from Chinese assistance.
This hybrid system based on Russia and Venezuela will be hard to crack. It was prepared with the full understanding of the Constitution (and its limits) and the demographic / economic realities of America.
Like in Russia, the regime enjoys oligarch support. Which is a quid pro quo deal between them.

Stephanie WilsonD
Stephanie Wilson
1 year ago
Reply to  armaros

I don’t get it. You should’ve gotten hundreds of likes 4 your post! So far only you have only mine. SMH

Walter Sieruk
Walter Sieruk
1 year ago

Maybe that hoax of a January 6th committee about the mayhem events of that day. In which that scheming mean old harpy, Nancy Pelosi , did have her sinister hand in inciting along the Antifa and the corrupted FBI .

That Democrat “witch hunt” committee, no doubt, doesn’t care anything about the truth at all. What it actually interested in is harming Donald Trump, “By hook or by crook” they intent to.

For many of the Democrats of the committee have been and are part of the Red/Green alliance and seek revenge against Mr. Trump for all the good and grand pro- America accomplishments that he achieved in Office in the national and international level.

For example on the national scene, his having the construction of a tall firm US/Mexican borders wall.
As Ronald Reagan had, righty, declared, “A nation without borders is not a nation.”

Also a good US economy based on the American Free enterprise system.

On the international level he three examples of some very good things he did was destroy all the progress that the vicious and murderous jihad entity ISIS had done and President Trump and his administration had put that brutally oppressive and hostile Islamic tyrannical regime of Iran in its place.

By increased sanctions and discarding that worthless and terrible nuclear weapon Obama “deal” with terror sponsoring “mullah tyranny” of Iran.

A third good thing that was achieved President Trump recognition Jerusalem as the Capital city of the Jewish State of Israel and moving the US embassy to Jerusalem.

All those and other good things the Red/Green left –wing Democrats had because vert angry about and want to “get even” with Donald Trump for.

This is a very strong remember that Benjamin Franklin had printed in POOR RICHARD’S ALMANAC “There are many reasons to become angry but very few good ones.”

JoeyJ
JoeyJ
1 year ago

Of course it is. And they will never stop. If they don’t keep him off the 2024 ballot then, as Bernie Kerik warned:

And just like in other Third World countries, if today’s raid by Biden’s FBI does not stop Donald Trump from running for president in 2024, their next move will be Assassination. (Bernard B. Kerik)

Adrianjk
Adrianjk
1 year ago

President Trump could very well be the most hounded and persecuted politician in modern history.

Stephanie WilsonD
Stephanie Wilson
1 year ago

Now this IS a ”threat to Democracy” IMO! The Jan 6 committee is anti-American! #Trump[IsInnocent

John Unruh
John Unruh
1 year ago

Mr. Fein, who are you to ignore the law and the will of the people?

Robert L. Kahlcke
Robert L. Kahlcke
1 year ago

There is not now, nor will there ever be a trial in a court of law.
That being said, Mrs. Ashli Babbitt, an UNARMED United States Air Force Veteran, was attending a demonstration on Jan. 6th., at the peoples house when she was MURDERED by a Capitol Police Lt.
Has this Defendant been incarcerated ?

j Paul
j Paul
1 year ago

(1) Trump gets banned from running again for ‘mishandling’ classified info. (2) DeSantis gets the nomination and is elected. (3) Democrats holding their back sides wondering wtf just happened.

William Been
William Been
1 year ago

My comment is very straight forward: Nothing will disqualify President Trump for at least 75 million Americans who understand he is the only one with the credentials to stop the Globalist Democrats from finishing the so-called transformation of America. We all must have resolve to stop those who openly demonstrate their desire to not just destroy MAGA but also to destroy the USA and the freedoms inherent within our Founding Documents.

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