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Jonathan Turley Continues To Assert The Insurrection On January 6th 2021 Wasn't An Insurrection... [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-08-20
Turley offers a weak attempt at rebutting that New York Times article promoting the case that Trump should be disqualified under the 14th Amendment...
The Hill
Despite my respect for these academics, I simply fail to see how the text, history or purpose of the 14th Amendment even remotely favors this view. Despite the extensive research of Baude and Paulsen, their analysis ends where it began: Was January 6 an insurrection or rebellion? (snip) The 14th Amendment bars those who took the oath and then “engaged in insurrection or rebellion against the same.” It then adds that that disqualification can extend to those who have “given aid or comfort to the enemies thereof.” According to these experts, Jan. 6 was an “insurrection” and Trump gave “aid and comfort” to those who engaged in it by spreading election fraud claims and not immediately denouncing the violence. But even the view that it was an “insurrection” is by no means a consensus. Polls have shown that most of the public view Jan. 6 for what it was: a protest that became a riot. One year after the riot, CBS News mostly downplayed and ignored the result of its own poll showing that 76 percent viewed it for what it was, as a “protest gone too far.” The view that it was an actual “insurrection” was far less settled, with almost half rejecting the claim, a division breaking along partisan lines.
This is nothing new from Turley, he’s got a narrative of his own and he’s gonna push it. What Turley and the New York Times both neglect to mention is the case of a county commissioner from New Mexico who was removed from office on these very grounds. The New Mexico Supreme Court upheld the decision to disqualify Couy Griffin and denied his appeal.
The order removing Griffin from office conclusively found that the January 6th attack on our nation’s Capitol was an insurrection and that Griffin’s participation disqualified him from office.
Now, I’m not a well known commentator and prominent law professor like Mr. Turley, but I’m willing to bet that legal precedent set in a court of law and upheld by the New Mexico Supreme Court carries more weight than a few public opinion polls.
Again, IANAL… Nor am I a legal scholar… But, if this is the best argument conservative legal minds can come up with, then #FPOTUS is toast for sure.
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[1] Url:
https://www.dailykos.com/stories/2023/8/20/2188496/-Jonathan-Turley-Continues-To-Insist-That-The-Insurrection-On-January-6-2021-Wasn-t-An-Insurrection
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