Former President Donald J. Trump’s team had argued that his words and actions leading up to the attack on the Capitol were protected by the First Amendment, and asked that the Colorado case be thrown out.

In particular, section 3 of the 14th amendment reads:

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

This was passed after the civil war as a means of ensuring that confederates weren’t allowed to hold office.

There are modern examples as a result of the Jan. 6 2021 insurrection as well.

  • Auzy@beehaw.org
    13·
    8 months ago

    Shouldn’t even be necessary. I remember seeing his speeches months before the election, and I could tell he was setting up to overthrow the election then.

    Any idiot with half a brain knew what he was up to, and I’m not even in the US. It would have been even more obvious there

    • anarchrist@lemmy.dbzer0.com
      6·
      8 months ago

      Bill Maher was saying this as well for like the entire year leading up to Jan 6th, and he’s not exactly the brightest bulb in the tulip patch.

    • Elderos@lemmings.world
      3·
      8 months ago

      Yeep, I think everyone with half a brain feared for the peaceful transfer of power early in his presidency, or even back during his first campaign. Reporters asked him every now and then if he’d accept the results and he always answered wannabe-dictator shit. Then to the leading to the 6th of jan it was plain as day that he would pull something with the mail-in bailots as a justification to overthrow the government. Then of course it fucking happens, and a third of the country is playing dumb. If you were reading the alt-right popular forum you knew it was meant to be their big day, a lot of people were armed that day but they pussied out