Missouri Secretary of State Jay Ashcroft said that while he didn’t want to do it, he had to remind people of how “severe” the situation is.

A top Republican official in Missouri is threatening to remove President Joe Biden from appearing on the ballot as retaliation for the determination in two other states that Donald Trump doesn’t qualify because he “engaged in insurrection.”

“What has happened in Colorado & Maine is disgraceful & undermines our republic,” Missouri Secretary of State Jay Ashcroft wrote on the social media site X on Friday. “While I expect the Supreme Court to overturn this, if not, Secretaries of State will step in & ensure the new legal standard for @realDonaldTrump applies equally to @JoeBiden!”

Ashcroft’s post came shortly after the Supreme Court agreed to review a decision by Colorado’s high court that found Trump could be barred from the state’s primary ballot because of his actions leading up to the Jan. 6, 2021, attack on the U.S. Capitol.

  • Knock_Knock_Lemmy_In@lemmy.world
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    6 months ago

    No, assault is strongly defined with a large amount of case law to back it up. It is also obvious who committed it.

    Violent storming of the Capitol is insurrectionalist and obvious (like assault)

    Incitement to insurrection is lacking in case law, and open to interpretation.

    I don’t know why you think this law is applicable to me personally.

    • FaeDrifter@midwest.social
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      6 months ago

      Violent storming of the Capitol is insurrectionalist and obvious (like assault)

      That was not your original statement but it’s a lot more correct now, and if we can agree that an obvious insurrection is an insurrection, that’s a very good start.

      We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore

      I don’t see any honest case to be made that this isn’t incitement of insurrection.

      Additionally, the 14th Amendment does not require you to prove it was an incitement, it’s enough to provide aid or comfort to the insurrectionists. Of which there are numerous examples, including Trump repeatedly offering to pardon the insurrectionists.

      • Knock_Knock_Lemmy_In@lemmy.world
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        6 months ago

        I don’t see any honest case to be made that this isn’t incitement of insurrection.

        Trump also said “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

        The phrase “fight like hell” can be used non violently.

        Although it sounds like I’m defending Trump, I’m actually attacking future fascist, because…

        the 14th Amendment does not require you to prove it was an incitement, it’s enough to provide aid or comfort to the insurrectionists.

        This can be read in such a way that almost anyone can be struck off the ballot.

        I’ll give an hyperbolic example. “Instagram star breaks DC window” = followers are insurrectionists. Anyone liking a post is barred from the ballot.

        • FaeDrifter@midwest.social
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          6 months ago

          Trump also said “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

          If you shake someone’s hand and also punch them, does the handshake cancel out the punch?

          You’re being slimy and dishonest again. Trump is a politician, he talks out both sides of his mouth. Talking out both sides of your mouth does not cancel out.

          I’ll give an hyperbolic example. “Instagram star breaks DC window” = followers are insurrectionists. Anyone liking a post is barred from the ballot.

          You can’t tell the difference between double tapping an Instagram post and offering a presidential pardon?

          • Knock_Knock_Lemmy_In@lemmy.world
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            6 months ago

            You’re being slimy and dishonest again.

            I’m playing devil’s advocate.

            You can’t tell the difference between double tapping an Instagram post and offering a presidential pardon?

            I can, but maybe a good lawyer can equate them. Is the law well defined enough to tell the difference?