(January 5, 2024 at 12:14 pm)Mister Agenda Wrote:(January 5, 2024 at 10:41 am)Angrboda Wrote: I think the more interesting question is whether removing Trump is a violation of due process. The 14th Amendment says that you cannot deprive someone of "life, liberty, or property" without due process. It's a question of whether due process was adequately observed when the defendant was not given the same tools of defense as a criminal defendant, and whether this constitutes depriving him of liberty.
Not being able to be president doesn't deprive you of life, liberty, or property. The Confederates who weren't allowed to hold office under this amendment weren't convicted of being insurrectionists, it was a fact that they were and therefore not qualifed for the presidency. Arnold Schwarzenegger doesn't have to be convicted of not being a natural born citizen before he is uneligible to be president.
Right, but one of the concerns is that the public perception of unfairness will almost certainly be aggravated should he be removed without conviction. This is doubly so when Trump wasn't physically present at the insurrection. Again, that's in regard to public perception and not jurisprudence.
