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this post was submitted on 21 Nov 2023
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Why have all the mainstream commenters decided to take this asinine line that it was as bad as possible for Trump? It was a reminder that he is above the law, and judges will come up with any bullshit they can to let him slide.
As I understand it... the judge ruled, in an uncontestable way, that trump was part of Jan 6 and it was an insurrection. Other cases, and an appeal of this one, can now rely on that as fact.
But IANAL, so who knows
The reason why legal commentators are saying this isn't a victory for Trump is because, at this level, the finding of fact is what matters most. Appellate courts almost never rule against lower court's judgment of fact. If she had ruled that the 14th amendment applied and Trump had to be removed from the ballot, we'd be in about the same position. The appellate court would've stayed her ruling pending the appeal. The only real difference is that people would be happier about it. But they'd be happy without a good reason because appellate courts always disregard lower court rulings on matters of law. Her ruling on the applicability of the 14th amendment just doesn't matter much.