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Is Trump disqualified for the N.H. primary? The secretary of state is seeking legal advice (www.bostonglobe.com)

submitted 10 months ago by MicroWave@lemmy.world to c/news@lemmy.world

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“I will be asking the attorney general’s office for their input,” Secretary of State David Scanlan told the Globe. “And ultimately whatever is decided is probably going to require some judicial input.”

A debate among constitutional scholars over former president Donald Trump’s eligibility for the 2024 presidential race has reverberated through the public consciousness in recent weeks and reached the ears of New Hampshire’s top election official.

Secretary of State David Scanlan, who will oversee the first-in-the-nation presidential primary in just five months, said he’s received several letters lately that urge him to take action based on a legal theory that claims the Constitution empowers him to block Trump from the ballot.

Scanlan, a Republican, said he’s listening and will seek legal advice to ensure that his team thoroughly understands the arguments at play.

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[-] Nougat@kbin.social 133 points 10 months ago

14th Amendment to the US Constitution, Section 3:

Section 3 Disqualification from Holding Office

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 does not require judicial input. The language is clear. Trump is, along with many co-defendants, disqualified from holding any civil or military office.

[-] iAmTheTot@kbin.social 24 points 10 months ago

Not until proven guilty, legally speaking, surely?

[-] RoboRay@kbin.social 20 points 10 months ago

It doesn't say "convicted of...".

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this post was submitted on 28 Aug 2023

399 points (96.1% liked)

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