(02-09-2024 01:19 PM)Hambone10 Wrote: (02-09-2024 10:47 AM)georgewebb Wrote: Summary of yesterday's oral argument in Trump v. Anderson:
https://www.scotusblog.com/2024/02/supre...do-ballot/
Here is what I have never understood about the Colo case or any of the similar charges... and perhaps you can help me...
In order for the statute being mentioned to apply, it appears to me that one must be found (in some version of a court of law) guilty of insurrection, no? Or at least, a de facto finding as in you were part of/a leader of an army that waged 'official' war as in Confederates during the Civil war.
Best I know, this was never found... and of course... states (it seems to me) wouldn't have standing to declare someone guilty of doing something 'against the Federal government'.... only the federal government.
So how can you disqualify someone for running for office based on a legal finding that has not been adjudicated?? That seems like all it would then take is an accusation to disqualify someone... and that seems highly specious to me
I obviously may be missing something.
There was an adjudication of the issue under the words of the Constitution (not a statute), just not as a criminal case.
The Colorado district case made a finding of fact after full briefing and full trial with witnesses subject to cross examination that the events of J6 were in fact an 'insurrection', and that Trump aided the event of J6.
The Co. District Court found under the law that Trump was not an 'officer' of the United States subject to 14-3.
The Co. Sup. Ct. accepted the findings of fact made by the district court (as an appellate court in most circumstances must, subject to an incredibly high standard that says, in effect, facts cannot be re-litigated at the appellate level), but found Trump *was* an officer of the United States and subject to 14-3.
There are a host of settings that a state can have standing for such issues that affect a 'Federal issue'. States have standing to deny ballot access for state ballots for President because one is not 45, or one is not a natural born citizen -- both predicates for being President. No one has ever denied that a state ahs standing to do the above.
The Co. voters' case is predicated on the 'engaged in or supported an insurrection' against the Constitution of the United States as such a self-executing issue as a requirement to vote for a President (like the above), or a whole raft of other state, local, or Federal offices.
In the Maine case, the Maine Constitution delegated the decision of ballot access to the Sec of State of Maine. And in that issue, the SOS performed a full hearing with representation, ability to call witnesses, and right to cross examine per the procedure spelled out in the Maine statutes. And informed the parties after the ruling that the end result was appealable to the Maine District Court in the end paragraph to the ruling -- as that avenue of appeal is specified in the Maine state law.
Both the Colorado and Maine processes had adjudication. They did not fall out of the woodwork with zero process behind them.
Finally, the issue isnt 'waging war' like the Confederate states, or seceding. The issue is whether one engages in or gives aid to an insurrection against the Constitution. Both the Colo courts and the Maine SoS proceeding had it pointed out in them that the transfer of power via a certification of the votes of electors was a *core* constitutional process -- one that literally affected the base function of the election of the President. They both distinguished the event of J6 as one aimed at a disruption or a change to that core process, and not some ancillary act that was otherwise unconstitutional (i.e. the Obama Dreamer's Initiative).