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#politicking: aka organizing and finding out how i/we/anyone can help prevent a 2nd trump presidency
frogeyedape · 8 months
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Ok, big news coming up this week in the case of can Colorado bar Trump from the state's primary ballot because Trump engaged in insurrection. For a more detail on the case, see this Feb 6 2024 article:
https://washingtonpost.com/politics/interactive/2024/14th-amendment-trump-ballot/
In brief, the Colorado district judge ruled that Trump did engage in the Jan 6 2021 insurrection (and the Colorado Supreme Court agreed), but ruled the 14th Amendment doesn't apply because he was president, not an officer of the US (Colorado Supreme Court disagreed, the president is in effect the highest officer of the US).
Relevant question I need to find the answer to (hello more research): why has no one yet charged Trump under Section 2383 which bars insurrectionists from holding any US office? Does it have to come from like a government official?
Lawyers please jump in if you're here!
Layperson understanding of the situation: Section 2383 is under US Code Title 18 which pertains to crimes, criminal procedure, prisons and prisoners, underage crime, and witness protection--this is the US's criminal law code, yes? So, someone would need to bring a criminal charge against Trump. How does one file a criminal charge? File charges with police.
Now, the TX State Prosecuting Attorney FAQ says "Your local County or District Attorney has the jurisdiction to prosecute criminal charges" but I don't know if that means, say, I could file the charges and then I'd have to depend on these local officials to be the affiant, or would I (and anyone else filing with me) be the affiant?
I gather it's a slightly different situation than the Colorado civil suit discussed above. But I'm not a lawyer and I don't know way too much.
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