• Rivalarrival@lemmy.today
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    11 months ago

    I just thought of something. Every officer of the US except the president is obligated to take an oath to support the constitution. 5 USC §3331

    Read the 14th amendment again:

    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.

    Trump was found to be an insurrectionist.

    Every member of the electoral college is obligated to take an oath to support the constitution. Any of them providing “aid and comfort” to insurrectionist Trump is barred from serving as an elector. They can’t cast a vote for Trump, because doing so would be giving him “aid or comfort”.

    So even if Trump can’t be barred from service, all of his electors can be. With no members of the electoral college able to vote for him, he can’t be elected.

    By the same argument, if he is elected, any state or federal civil or military officer who follows his orders would be giving “aid or comfort”, immediately disqualifying themself from their position.

    • Daft_ish@lemmy.world
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      11 months ago

      Just you wait and see. Bet everything I know on it. Come November every trumpet will be tooting, “it was just a little insurrection.”