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Trump is off the Colorado ballot


susieice

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Looks like Trump's going to be left on the primary ballots everywhere.

https://www.npr.org/2024/02/08/1229176555/supreme-court-trump-colorado-ballot

SCOTUS seems likely to not allow states to toss people off ballots, regardless of what they've done.

If they'd tried Trump for insurrection in federal court, this wouldn't even have had to go to court. It would be an obvious yes, or no.

IMHO, reading the definition of the various possible charges. I think Trump would be guilty of Sedition, but not Insurrection. He aided/instigated, by his speech, but didn't participate.

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The court's justices on Thursday, over more than two hours of oral arguments, broadly appeared to be searching for a way to keep Trump on ballots, leaving election decisions to voters.

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The Supreme Court hasn't offered a timetable for its decision, but some legal experts think the justices could rule before the Super Tuesday primaries, in early March.

 

Sedition is a seperate, but related, crime from insurrection, or treason, or rebellion. 

https://en.m.wikipedia.org/wiki/Sedition

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Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority.

Incitement... Overt speech...

https://www.merriam-webster.com/dictionary/sedition

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incitement of resistance to or insurrection against lawful authority

Incitement...

Contrasted by insurrection.

https://www.merriam-webster.com/dictionary/insurrection

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An act or instance of revolting against civil authority or an established government

Physically acting in revolt/rebellion.

Not planning, or talking about it. But acting on it.

If the secret service had allowed Trump to go to the Capital that day, he might have committed actual insurrection, being on the scene... BUT he wasn't, and didn't. 

Not technically, according to definitions of these crimes.

Federal definition does include inciting...

https://www.law.cornell.edu/uscode/text/18/2383

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Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof,

Which is why they should have had a charge, and a trial.

Of all the hundreds of people who got arrested, zero were charged with insurrection, but several were convicted of sedition.

Edited by DieChecker
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