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- cross-posted to:
- [email protected]
Former President Donald Trump was indicted for an unprecedented third time on August 1, adding another set of serious federal charges to the mounting legal issues he faces.
Trump was indicted as part of the Department of Justice’s criminal investigation, led by special counsel Jack Smith, into the January 6, 2021 insurrection at the US Capitol. The indictment marks the second time Trump has faced federal charges, and he remains the only president to have been federally indicted.
The indictment is the product of a months-long investigation in which Smith’s team questioned several high-profile members of Trump’s circle, including his son-in-law Jared Kushner and former White House communications director Hope Hicks. It follows the House January 6th committee’s investigation last year, which concluded that Trump incited the insurrection and conspired to defraud the US government, referring him and other associates to the DOJ for prosecution.
Trump seemed to know the indictment was coming. He posted August 1 on TruthSocial that Smith “will be putting out yet another Fake Indictment of your Favorite President, me,” and previously posted on the platform that he’d received what’s known as a target letter from Smith. He wrote, “They have now effectively indicted me three times,” and called the investigation a “WITCH HUNT” as well as “POLITICAL WEAPONIZATION OF LAW ENFORCEMENT” in that earlier, July 18 post.
So, clearly then, without any doubt, he has been found by congress to be disqualified by the 14th Amendment section 3.
https://constitution.congress.gov/browse/amendment-14/section-3/
Clearly, allowing him to be the GOP is a Constitutional Crisis as he CONSTUITIONALLY CANNOT be president, even if elected.
I’ve posted about this before, but most of the legal interpretations I have seen from attorneys that I believe to be credible have said that he would need to be charged specifically with either: treason, inciting am insurrection, or aiding an insurrection. That is not what he has been charged with in this initial indictment, so I wouldn’t get my hopes up.
Lastly, just want to make it clear I also believe he should be barred from running for office (and/or) serving in government ever again. However, I just don’t know if this is going to be disqualifying via the 14th Ammendment without a serious fight in the Legislature and Judiciary.
Also, an indictment is not the same thing as a conviction. I’d imagine you’d need a conviction before a 14th amendment claim