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I predict the Supreme Court will overturn the Colorado decision to remove Trump from the 2024 ballot.
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Dec 21, 2023 15:30:48   #
papakatz45 Loc: South Florida-West Palm Beach
 
National Park wrote:
Yes. Read my posts.


Ok, we agree no one has been charged with insurrection. Therefore, there is not enough evidence to show there was an insurrection. Therefore, there was no insurrection as defined by law, which is all that matters.

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Dec 21, 2023 15:37:47   #
SteveS Loc: The US is my home.
 
jcboy3 wrote:
I figure SCOTUS will overturn the decision, but I do think they should go further and apply the 14th Amendment and rule that he is disqualified from holding office of any sort. If the courts are going to uphold the 14th Amendment, then that is exactly where the decision should lie. Because the decision is not "in the voters hands", it is in the electoral college hands, and that does not represent the majority of voters,


They have to match the popular vote in the state they represent.

https://www.pbs.org/newshour/nation/scotus-rules-presidential-electors-must-back-their-states-popular-vote-winner

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Dec 21, 2023 16:43:02   #
JohnFrim Loc: Somewhere in the Great White North.
 
papakatz45 wrote:
Ok, we agree no one has been charged with insurrection. Therefore, there is not enough evidence to show there was an insurrection. Therefore, there was no insurrection as defined by law, which is all that matters.


If a tree falls in the forest, but no one is there to see it fall, did it actually fall?

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Dec 21, 2023 17:09:00   #
FrumCA
 
travelwp wrote:
I predict the Supreme Court will overturn the Colorado decision to remove Trump from the 2024 ballot.

The Colorado action shows just how scared the Democrats are of Trump running for president.

Latest news on how scared the Biden's really are:

According to a Senior DC Law Enforcement Official, the Biden Department of Justice has been diverting extra FBI special agents to go after Trump, his staff and his supporters.

I predict that Trump will be president again.

Here's a thought...
It's very interesting that the very same people who "believed" Joe Biden received more votes than Barack Obama did in both of his elections to win against Donald Trump are working so hard to prevent Trump from being on the ballot. Things that make you say hmmmm...

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Dec 21, 2023 17:13:54   #
KodakKid Loc: LBI, NJ
 
There is a Constitutional concept called "ripeness". Personally I feel the Court will (or should) find the case not yet "ripe" for a decision. The 14th sec 3 deals with "holding office" not being on the ballot. Previously there was a case that came before the Supreme Court to decide whether a candidate who was born on an Army base in Texas was eligible to be President. The issue was whether the candidate was "born in the United States" because Texas at that time was NOT a state. The Court reasoned the guy might not elected so it was not yet "ripe" for a decision. The Political Party did not want to risk it so they ran another candidate.

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Dec 21, 2023 17:20:20   #
papakatz45 Loc: South Florida-West Palm Beach
 
JohnFrim wrote:
If a tree falls in the forest, but no one is there to see it fall, did it actually fall?


If JohnFrim had a brain, would he use it? Makes about as much sense as what you said. Why can't you Trump haters understand that until a legal jurisdiction decides there is\was enough evidence to support charges of insurrection, there was no insurrection. it does not matter what or where you get your definition. Only the legal definition matters. Enough trying to discuss the obvious with any of you.

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Dec 21, 2023 17:21:07   #
National Park
 
FrumCA wrote:
Here's a thought...
It's very interesting that the very same people who "believed" Joe Biden received more votes than Barack Obama did in both of his elections to win against Donald Trump are working so hard to prevent Trump from being on the ballot. Things that make you say hmmmm...


They are working hard to keep him off the ballot because he doesn't believe in the results of a fair election and they know that when he loses again the insurrection will be even worse than the first one. Democracy is at stake. Pure and simple.

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Dec 21, 2023 18:06:19   #
Effate Loc: El Dorado Hills, Ca.
 
JohnFrim wrote:
And you did not read what I wrote. Declaring J6 an insurrection does not require anyone to charged as such. What happened on J6 is an insurrection by definition... in the view of some lawyers, but maybe not in the view of others.

But that does not matter. The CO court decided it was an insurrection and applied the 14A.

SCOTUS can debate whether the CO court followed proper procedure and had the authority to give and enforce their ruling. And SCOTUS could decide to define J6 as an insurrection or not.

But it has nothing to do with Trump or anyone else being charged. He incited, encourage, participated (at the rally), and gave support to others who actually did enter the Capitol.
And you did not read what I wrote. Declaring J6 an... (show quote)


I don’t know how you can say it has nothing to do with trump and the very next sentence describe what he did.

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Dec 21, 2023 19:12:21   #
rwoodvira
 
[quote=travelwp]A couple of points that you are apparently unaware of.
Here’s some information which addresses issues not shown in discussions on this forum.

The original analysis of the use of the 14th amendment – Section Three was “The Sweep and Force of Section Three,” by William Baude and Micheal Stokes Paulsen, conservative Constitutional Professors of Law. Both are not Democrats, but members of the Federalist Society, an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Perhaps you should also know the following current Supreme Court Justices are current or past members – Kavanaugh, Gorsuch, Thomas, Alito and Barrett. Roberts was also connected by acting on a steering committee, but denies membership. (I tried previously to leave a contact point for the article, but it currently doesn’t work, but it can be downloaded at SSRN).

Several people advised that the Jan. 6 event was never described as a rebellion or insurrection. Who defined the Jan 6 siege on the Capitol as an insurrection. Simple – Congress did. From the original paper: “An act of Congress, to “award four congressional gold medals to the United States Capitol Police and those who protected the U.S. Capitol on January 6, 2021,”found that the events of January 6 constituted an insurrection. The text of the act contains an official finding: “On January 6, 2021, a mob of insurrectionists forced its way into the U.S. Capitol building and congressional office buildings and engaged in acts of vandalism, looting, and violently attacked Capitol Police officers.” It was an official act, hence the definition is valid in most legal opinions.

So contrary to many comments here, there was an event described by one of the three pillars of government as an insurrection.

The Federalist Society again looks for a strict interpretation of the Constitution. The Colorado Supreme Court gave an extremely detail opinion that may cause the Supreme Court’s penchant for that strict interpretation of the Constitution pause in overturning it. Again, what is the background of many of the justices - The Federalist Society. Will they go against their basic principles? Maybe a problem.

There is a pretty good analysis on the dilemma for the Supreme Court in Newsweek:

https://www.newsweek.com/colorados-trump-disqualification-case-will-test-supreme-court-opinion-1854350

If the Colorado ruling is upheld, will other states follow? Likewise, if the Republicans nominate Trump anyway, will the same decision prevent him from being on the final ballot? I think there is a good chance.

Wouldn't be easier if the Republicans picked someone else? Too much baggage.

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Dec 21, 2023 19:26:37   #
Shutterbug1697 Loc: Northeast
 
travelwp wrote:
I predict the Supreme Court will overturn the Colorado decision to remove Trump from the 2024 ballot.

The Colorado action shows just how scared the Democrats are of Trump running for president.

Latest news on how scared the Biden's really are:

According to a Senior DC Law Enforcement Official, the Biden Department of Justice has been diverting extra FBI special agents to go after Trump, his staff and his supporters.

I predict that Trump will be president again.

Dream on!

Reply
Dec 21, 2023 19:28:55   #
KodakKid Loc: LBI, NJ
 
I have an idea. The Republicans nominate someone new. The Democrats nominate someone new. May the best man or woman win. Let's get the country back on a respectable course.

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Dec 21, 2023 19:30:59   #
Shutterbug1697 Loc: Northeast
 
travelwp wrote:
WASHINGTON, Aug 20 (Reuters) - The FBI has found scant evidence that the Jan. 6 attack on the U.S. Capitol was the result of an organized plot to overturn the presidential election result, according to four current and former law enforcement officials.

Though federal officials have arrested more than 570 alleged participants, the FBI at this point believes the violence was not centrally coordinated by far-right groups or prominent supporters of then-President Donald Trump.

.................also, I don't think a single individual was charged with INSURRECTION !
WASHINGTON, Aug 20 (Reuters) - The FBI has found s... (show quote)

Read the legal definition of an Insurrection!

What trump did meets the legal definition of an Insurrection!

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Dec 21, 2023 19:36:58   #
Shutterbug1697 Loc: Northeast
 
travelwp wrote:
The SCOTUS has a lot on its plate so maybe it won't take it up, on the other hand this Jan 6th dilemma has been festering way to long and people are in jail.

No matter your personal opinion, those who've been charged, and those who've been convicted, or pled guilty broke the law on January 6, 2021.

If you or any other person broke the law, and were convicted or pled guilty to any other crimes which required a prison sentence, shouldn't those prison sentences be served?

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Dec 21, 2023 20:18:57   #
papakatz45 Loc: South Florida-West Palm Beach
 
Shutterbug1697 wrote:
Read the legal definition of an Insurrection!

What trump did meets the legal definition of an Insurrection!


And yet no lefty prosecutor has charged him. Why not?

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Dec 21, 2023 22:01:06   #
scooter1 Loc: Yacolt, Wa.
 
steve03 wrote:
This case if it goes before SCOTUS is more about Trump VS DeSantis and Haley than Biden. Most people thought the case would come down more toward the summer, but as it turn out it will effect the primaries more, It will be interesting to hear the arguments and Trumps involvements in the insurrection.


The key here is that the Colorado Supreme Court will lose as Trump has been convicted of nothing for the riot at the capitol. That's what they're basing everything on.

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