Gaetz, Stefanik offer resolution declaring Trump ‘did not engage in insurrection’ ( thehill.com )

... in other words gaetz and company are admitting (knowingly or unwittingly) that

  • trump is an insurrecionist
  • trump is very likely to lose at the supreme court in his colorado 14th amendment appeal hearing
  • that the plain text reading of section 3 of the 14th amendment says congress can waive the condition (but only if 2/3 of both houses agree to waive the condition)

the funny thing is how when this passes the house, it won't be anywhere close to the 290 they need but they'll try to act as though it's binding. and they're doing this before the hearing, where the plaintiff's attorney and/or the colorado solicitor general can point out that since the house and senate have initiated resolutions declaring trump not an insurrectionist that the colorado supreme court ruling should hold since the congress has started the process of returning trump to the ballot.

and if I a non law talkin guy could see this and figure it out then so should the supreme court. especially if someone points that out to them.

ME5SENGER_24 ,

They can offer whatever they want but it was televised, we all saw it. He did it and people really need to stop doing mental gymnastics trying to defend it. Period.

eran_morad ,

Servile traitor filth. Republicans are a waste of carbon.

DogPeePoo ,

He’s cooked

Esqplorer ,

We got him this time! (We did not in fact get him.)

spongebue ,

The 14th amendment explicitly allows Congress to cure a disqualification with a 2/3 vote in each house. The idea that it should also be implied that that same Congress decides someone is disqualied is absolutely ridiculous. In a way, I kind of want this resolution to get just enough traction to get challenged and have someone try to explain why a resolution passed (by just one house? Not sure) with a simple majority should be enough to cure a constitutional provision that needs 2/3. And whine we're at it maybe shine a light on the fact that Congress should not be the one making this determination other than the 2/3 to cure provision.

neptune ,

Yeah. 100% counterproductive and I hope they move forward with it. Then we can have Gaetz explain his form to SCOTUS

grabyourmotherskeys ,

"We have always been at war with Eurasia."

dhork ,

They're trying to do an end-run around the 2/3 provision, though. Instead of using that to un-disqualify him, they are trying to get a simple majority to state "He never did those things in the first place", and contradict the Colorado judge.

I'm pretty sure that's not how the law works, though. Congress makes law, and judges interpret it. While there's still an open issue on who gets to declare that the provisions of the amendment have self-executed, Congress can't simply declare "It never happened" and make that declaration have any force.

The only purpose of this resolution is to throw a bone to the MAGAs. Which, ironically, can be seen as inciting another insurrection. So these people might be signing their own disqualification if it leads to another MAGA tantrum on Federal buildings in DC.

autotldr Bot ,

This is the best summary I could come up with:

Reps. Matt Gaetz (R-Fla.) and Elise Stefanik (R-N.Y.) unveiled a resolution Tuesday that declares former President Trump “did not engage in insurrection or rebellion against the United States.”

The resolution — which spans one page and has more than 60 GOP co-sponsors — comes as groups across the country try to disqualify Trump from appearing on their 2024 presidential election ballots on claims that he engaged in an insurrection during the Jan. 6, 2021, attack on the Capitol.

“We are here today to authoritatively express that President Trump did not commit an insurrection, and we believe Congress has a unique role in making that declaration,” Gaetz said.

The resolution, which is nonbinding, would declare that it is “the sense of the House of Representatives” that Trump “did not engage in insurrection or rebellion against the United States, or give aid or comfort to the enemies thereof.”

“If we’re the purported victim, in Congress, and we’re saying this was not an insurrection, I think that will hold a great deal of weight,” he added.

or GOP leadership that they will bring the resolution to the floor for a vote, but he alluded to the Louisiana Republican’s closeness to Trump.

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