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"The only Democrats you can trust are those speaking out against the Colorado decision because they know what I know, what you know: Trump has never been charged with or convicted of Insurrection. The reason is that they can’t afford a real trial because they would have to come clean about what really happened that day, why they left the Capitol unprotected, and how many informants were embedded in the operation. That is far too risky of a bet."
SGT James Murphy, CPT Jack Durish,
SPC Gary Welch, SGT Mark Anderson,
CPL Douglas Chrysler, LTC Trent Klug,
CSM Charles Hayden, SMSgt David A Asbury,
SSG William Jones, MSgt Robert "Rock" Aldi
SSG Michael Noll, MAJ Dale E. Wilson, Ph.D.
SGM Erik Marquez, CW3 Harvey K.
SFC William Farrell, CPL Ronald Keyes Jr
Sgt (Join to see), SSG (Join to see)
1SG Dan Capri, LTC (Join to see)
SGT James Murphy, CPT Jack Durish,
SPC Gary Welch, SGT Mark Anderson,
CPL Douglas Chrysler, LTC Trent Klug,
CSM Charles Hayden, SMSgt David A Asbury,
SSG William Jones, MSgt Robert "Rock" Aldi
SSG Michael Noll, MAJ Dale E. Wilson, Ph.D.
SGM Erik Marquez, CW3 Harvey K.
SFC William Farrell, CPL Ronald Keyes Jr
Sgt (Join to see), SSG (Join to see)
1SG Dan Capri, LTC (Join to see)
An Ex-Democrat's Case for Trump
Posted from sashastone.substack.comPosted in these groups: 
Donald Trump
Election 2024
Donald Trump Election 2024
Posted 7 mo ago
Responses: 8
6
6
0
2
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V1 :
Insurrection must be proven in order to charge sedition.
Full List of Capitol Rioters Jailed So Far and the Sentences They Are Serving
* Sep 12, 2023 at 3:00 AM EDT
Some 378 individuals have been sentenced to periods of incarceration over their involvement in the January 6, 2021, uprising at the U.S. Capitol in the 32 months since the attempted overthrow of the 2020 election certification took place, the District of Columbia's attorney's office said on Wednesday.
More than 1,146 people hailing from all 50 states and the capital have been charged with a variety of alleged offenses in relation to their presence at the grounds of Congress that day, though the FBI noted recently that there were seven named individuals who had absconded from the law while facing charges.
The Department of Justice's (DOJ) Washington D.C. office said in its latest update that 623 people had received sentences—though not all had been handed periods of incarceration—while around 657 individuals had pleaded guilty to federal charges, "many of whom faced or will face incarceration at sentencing."
Below is a full list of those who have been imprisoned over their participation in the uprising, in no particular order. There are 380 names listed, however some have not been officially listed by the DOJ in D.C.
SOURCE : https://www.newsweek.com/full-list-capitol-rioters-jailed-sentences-january-6-1826075
1.) Ex-Proud Boys leader is sentenced to over 3 years in prison for the Capitol insurrection plot
Charles Donohoe was the second Proud Boy to plead guilty to conspiring with other group members to obstruct the Jan. 6, 2021, joint session of Congress for certifying President Joe Biden's electoral victory. His sentence could be a bellwether for other Proud Boys conspirators who agreed to cooperate with federal prosecutors.
Donohoe was president of a local Proud Boys chapter in North Carolina. He was a lieutenant of former Proud Boys national chairman Enrique Tarrio, who was sentenced to 22 years in prison — the longest prison term so far in a Capitol riot case.
In May, a jury convicted Tarrio and three other former Proud Boys leaders of seditious conspiracy charges for plotting to stop the peaceful transfer of presidential power from Donald Trump to Biden.
READ MORE: Proud Boys leader Ethan Nordean gets 18 years in prison, tying for longest sentence in Jan. 6 insurrection
Donohoe agreed to cooperate with federal authorities when he pleaded guilty in April 2020 to two felony counts: conspiracy to obstruct an official proceeding and assaulting, resisting or impeding police. But he wasn't called to testify at the trial of Tarrio and other Proud Boys earlier this year.
Prosecutors recommended a prison sentence ranging from 35 to 43 months for Donohoe. Sentencing guidelines recommended a prison term ranging from 70 to 87 months.
"Donohoe and his co-conspirators organized and led a small army as they launched an attack on the heart of our democracy. They took these actions because they did not like the outcome of the election," prosecutors wrote in a court filing.
On the morning of Jan. 6, Donohoe marched with over 100 members of the Proud Boys to the Capitol. He didn't enter the Capitol, but he threw two water bottles at officers confronting the mob outside the building.
READ MORE: Two ex-Proud Boys leaders get long sentences in Jan. 6 Capitol attack
Donohoe, a U.S. Marine Corps veteran who served two deployments in Iraq, has "eagerly divorced himself" from the Proud Boys, said defense attorney Ira Knight.
"It took Charlie time to understand the nature of his wrong," Knight said.
SOURCE : https://www.pbs.org/newshour/amp/nation/ex-proud-boys-leader-is-sentenced-to-over-3-years-in-prison-for-the-capitol-insurrection-plot
2.) Understanding Insurrection and Sedition
2.) Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump
“Another is focusing on “seditious conspiracy and conspiracy to obstruct a government proceeding, the type of charges already filed against individuals who stormed the Capitol on January 6.” The first grand jury is looking at nonviolent efforts to block the transfer of power; the second, at violent efforts.”
Insurrection must be proven in order to charge sedition.
Full List of Capitol Rioters Jailed So Far and the Sentences They Are Serving
* Sep 12, 2023 at 3:00 AM EDT
Some 378 individuals have been sentenced to periods of incarceration over their involvement in the January 6, 2021, uprising at the U.S. Capitol in the 32 months since the attempted overthrow of the 2020 election certification took place, the District of Columbia's attorney's office said on Wednesday.
More than 1,146 people hailing from all 50 states and the capital have been charged with a variety of alleged offenses in relation to their presence at the grounds of Congress that day, though the FBI noted recently that there were seven named individuals who had absconded from the law while facing charges.
The Department of Justice's (DOJ) Washington D.C. office said in its latest update that 623 people had received sentences—though not all had been handed periods of incarceration—while around 657 individuals had pleaded guilty to federal charges, "many of whom faced or will face incarceration at sentencing."
Below is a full list of those who have been imprisoned over their participation in the uprising, in no particular order. There are 380 names listed, however some have not been officially listed by the DOJ in D.C.
SOURCE : https://www.newsweek.com/full-list-capitol-rioters-jailed-sentences-january-6-1826075
1.) Ex-Proud Boys leader is sentenced to over 3 years in prison for the Capitol insurrection plot
Charles Donohoe was the second Proud Boy to plead guilty to conspiring with other group members to obstruct the Jan. 6, 2021, joint session of Congress for certifying President Joe Biden's electoral victory. His sentence could be a bellwether for other Proud Boys conspirators who agreed to cooperate with federal prosecutors.
Donohoe was president of a local Proud Boys chapter in North Carolina. He was a lieutenant of former Proud Boys national chairman Enrique Tarrio, who was sentenced to 22 years in prison — the longest prison term so far in a Capitol riot case.
In May, a jury convicted Tarrio and three other former Proud Boys leaders of seditious conspiracy charges for plotting to stop the peaceful transfer of presidential power from Donald Trump to Biden.
READ MORE: Proud Boys leader Ethan Nordean gets 18 years in prison, tying for longest sentence in Jan. 6 insurrection
Donohoe agreed to cooperate with federal authorities when he pleaded guilty in April 2020 to two felony counts: conspiracy to obstruct an official proceeding and assaulting, resisting or impeding police. But he wasn't called to testify at the trial of Tarrio and other Proud Boys earlier this year.
Prosecutors recommended a prison sentence ranging from 35 to 43 months for Donohoe. Sentencing guidelines recommended a prison term ranging from 70 to 87 months.
"Donohoe and his co-conspirators organized and led a small army as they launched an attack on the heart of our democracy. They took these actions because they did not like the outcome of the election," prosecutors wrote in a court filing.
On the morning of Jan. 6, Donohoe marched with over 100 members of the Proud Boys to the Capitol. He didn't enter the Capitol, but he threw two water bottles at officers confronting the mob outside the building.
READ MORE: Two ex-Proud Boys leaders get long sentences in Jan. 6 Capitol attack
Donohoe, a U.S. Marine Corps veteran who served two deployments in Iraq, has "eagerly divorced himself" from the Proud Boys, said defense attorney Ira Knight.
"It took Charlie time to understand the nature of his wrong," Knight said.
SOURCE : https://www.pbs.org/newshour/amp/nation/ex-proud-boys-leader-is-sentenced-to-over-3-years-in-prison-for-the-capitol-insurrection-plot
2.) Understanding Insurrection and Sedition
2.) Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump
“Another is focusing on “seditious conspiracy and conspiracy to obstruct a government proceeding, the type of charges already filed against individuals who stormed the Capitol on January 6.” The first grand jury is looking at nonviolent efforts to block the transfer of power; the second, at violent efforts.”
Full list of Capitol rioters jailed so far, the sentences they are serving
Around 64 percent of those who have received sentences in relation to the January 6 uprising have been handed jail time.
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SGT (Join to see) You do not have to be charged nor convicted for Section 3 of the 14th Amendment as it's a self executing disqualification for office. 4 of the 6 who filed the complaint in Colorado were Republicans. republicans.
You are a strong supporter of the 2A and have posted about dictators actions when getting into power and they're taking away peoples firearms. Now Trump has called for the termination of the Constitution. He ticks off every trait of a fascist. Then there is Jan 6 to consider. If Trump gets in then you and I will lose our Rights to Keep and Bear Arms.
Now you may want to point at Biden and democrats but at least they are using the legal and legislative process to try to do it which is how things are done in this country. If a law is passed then that throws it into the Judicial arena and with the SCOTUS's latest test for gun laws I'm having a hard time coming up with loopholes to get around their new test with gun laws.
You are a strong supporter of the 2A and have posted about dictators actions when getting into power and they're taking away peoples firearms. Now Trump has called for the termination of the Constitution. He ticks off every trait of a fascist. Then there is Jan 6 to consider. If Trump gets in then you and I will lose our Rights to Keep and Bear Arms.
Now you may want to point at Biden and democrats but at least they are using the legal and legislative process to try to do it which is how things are done in this country. If a law is passed then that throws it into the Judicial arena and with the SCOTUS's latest test for gun laws I'm having a hard time coming up with loopholes to get around their new test with gun laws.
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CPL LaForest Gray
Conservative lawyers argue Trump is legally disqualified from holding office
Two conservative law professors who are active members of the Federalist Society have determined that, "If the public record is accurate, the case is not eve...
14TH AMENDMENT :
https://youtu.be/VlOksxijRSc
1.) Fourteenth Amendment Equal Protection and Other Rights
* 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.
* Amdt14.S3.1 Overview of Disqualification Clause
SOURCE : https://constitution.congress.gov/browse/amendment-14/section-3/
2.) Disqualification from Public Office Under the 14th Amendment
Section 3 of the Fourteenth Amendment was originally intended to keep former Confederate officials from gaining power in the reconstructed government following the Civil War.
Known as the "disqualification clause," this section was fairly obscure until January 6, 2021, when supporters of then-President Donald Trump stormed the United States Capitol building.
The Fourteenth Amendment is better known for protecting civil rights. It grants citizenship to all people born in the United States, guarantees equal protection of privileges and immunities of citizens, and requires due process of law.
But the events of January 6th brought the disqualification clause into the spotlight.
What Is the Disqualification Clause?
Fourteenth Amendment, Section 3:
"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."
Frequently Asked Questions
What does the Constitution say about insurrection?
Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. This means, at least theoretically, that politicians who participate in or encourage a rebellion against the government can not only be removed from office but prevented from holding state and federal offices in the future. However, how disqualification works under the 14th Amendment has never been clear.
Could the disqualification clause prevent Donald Trump from running for president in 2024?
Theoretically, yes. Section 3 of the Fourteenth Amendment gives Congress the power to disqualify someone who has already held a public office from holding "any office" if they participate in an "insurrection or rebellion" against the United States.
But since this mechanism has never been used against a president, there are still questions to resolve.
The disqualification clause applies to current and former federal officials, state officials, and military officials. However, legal scholars are split on whether the disqualification clause applies to the presidency. It's likely the 14th Amendment will continue to come up in conversations approaching the 2024 presidential election.
Is disqualification different than impeachment?
Yes. Someone who is impeached could be disqualified from holding public office in the future if they are convicted, and Congress applies such a punishment.
But this is separate from disqualification under the 14th Amendment. Under Sections 3 and 5 of the Fourteenth Amendment, Congress could bar someone from holding office. But unlike an impeachment conviction, that decision could be overturned by the courts. Most importantly, under the 14th Amendment, disqualification requires only a simple majority vote, not the two-thirds vote needed to convict during an impeachment trial.
Related Resources
* What Happens When a President Is No Longer Fit to Serve?
* Yes, Trump Can Be Charged With Inciting a Riot
* Learn About the Law: Rioting and Inciting to Riot
SOURCE : https://constitution.findlaw.com/amendment14/annotation15.html
3.) 14TH AMENDMENT
Citizenship Rights, Equal Protection, Apportionment, Civil War Debt
Signing Details
SOURCE : https://constitutioncenter.org/the-constitution/amendments/amendment-xiv
https://youtu.be/VlOksxijRSc
1.) Fourteenth Amendment Equal Protection and Other Rights
* 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.
* Amdt14.S3.1 Overview of Disqualification Clause
SOURCE : https://constitution.congress.gov/browse/amendment-14/section-3/
2.) Disqualification from Public Office Under the 14th Amendment
Section 3 of the Fourteenth Amendment was originally intended to keep former Confederate officials from gaining power in the reconstructed government following the Civil War.
Known as the "disqualification clause," this section was fairly obscure until January 6, 2021, when supporters of then-President Donald Trump stormed the United States Capitol building.
The Fourteenth Amendment is better known for protecting civil rights. It grants citizenship to all people born in the United States, guarantees equal protection of privileges and immunities of citizens, and requires due process of law.
But the events of January 6th brought the disqualification clause into the spotlight.
What Is the Disqualification Clause?
Fourteenth Amendment, Section 3:
"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."
Frequently Asked Questions
What does the Constitution say about insurrection?
Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. This means, at least theoretically, that politicians who participate in or encourage a rebellion against the government can not only be removed from office but prevented from holding state and federal offices in the future. However, how disqualification works under the 14th Amendment has never been clear.
Could the disqualification clause prevent Donald Trump from running for president in 2024?
Theoretically, yes. Section 3 of the Fourteenth Amendment gives Congress the power to disqualify someone who has already held a public office from holding "any office" if they participate in an "insurrection or rebellion" against the United States.
But since this mechanism has never been used against a president, there are still questions to resolve.
The disqualification clause applies to current and former federal officials, state officials, and military officials. However, legal scholars are split on whether the disqualification clause applies to the presidency. It's likely the 14th Amendment will continue to come up in conversations approaching the 2024 presidential election.
Is disqualification different than impeachment?
Yes. Someone who is impeached could be disqualified from holding public office in the future if they are convicted, and Congress applies such a punishment.
But this is separate from disqualification under the 14th Amendment. Under Sections 3 and 5 of the Fourteenth Amendment, Congress could bar someone from holding office. But unlike an impeachment conviction, that decision could be overturned by the courts. Most importantly, under the 14th Amendment, disqualification requires only a simple majority vote, not the two-thirds vote needed to convict during an impeachment trial.
Related Resources
* What Happens When a President Is No Longer Fit to Serve?
* Yes, Trump Can Be Charged With Inciting a Riot
* Learn About the Law: Rioting and Inciting to Riot
SOURCE : https://constitution.findlaw.com/amendment14/annotation15.html
3.) 14TH AMENDMENT
Citizenship Rights, Equal Protection, Apportionment, Civil War Debt
Signing Details
SOURCE : https://constitutioncenter.org/the-constitution/amendments/amendment-xiv
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SGT (Join to see)
SGT (Join to see) The statement reads like a rhetorical question in context with the rest of the words preceding it. What I see with my own two peepers is the current admin walking all over the Constitution. How about that Hunter though, using the 2A as a defense in his legal problems.
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SGT (Join to see)
SGT (Join to see) - Be specific in your charges that the present administration is walking all over the Constitution. What acton do you believe violated the Constitution.
As far as Hunter goes you know as well as I do that with the SCOTUS latest test for gun laws those charges against him will go out the window. We have already seen in the 11th Circuit the overruling of a drug user with a gun.
As far as Hunter goes you know as well as I do that with the SCOTUS latest test for gun laws those charges against him will go out the window. We have already seen in the 11th Circuit the overruling of a drug user with a gun.
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SGT (Join to see)
SGT (Join to see) - I sick, I don't have the energy to look. if you read the news from both sides of the fence, like I do. The cases are laid out bare.
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