February 5, 2023
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3:57Now PlayingWhy is Donald Trump not disqualified for running for president in 2024? Ring of Fire's Farron Cousins discusses this.
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*This transcript was generated by a third-party transcription software company, so please excuse any typos.
Here's a question from user speaker of truth, who asks, why isn't Trump disqualified from running for president since he incited the insurrection? This kind of goes back to another question that I've answered, and it is, it depends on what happened on January 6th, 2021. I think at this point, a, a lawyer would be able to go into court and make a successful argument that Donald Trump incited the mob that day. He literally told them, you have to go and fight like hell to take your country back. That that's pretty much a marching order. And the reason I say it's pretty much a marching order is because that's actually what some of the Capitol rioters who have gone to court and defended themselves have said. They said, I did this because Trump just told me to. So here I am. I'm, I'm, I did the thing he told me too.
It's his fault. So again, a good lawyer's gonna be able to walk into court pretty easily and be like, oh, you want me to prove that he incited it? Here you go. The problem is, as I said, what happened on January 6th, 2021? Was it a riot? Was it a group of unruly idiots, or was it an actual insurrection? And you're gonna have a tough time trying to, you know, disqualify Trump at the 14th Amendment. With that question of what happened that day. We know there were certain groups whose explicit goal was to actually stop a function of Congress. They wanted to stop the certification of the electoral college votes. They wanted to basically deny the dually elected, incoming government of the United States. I think that fits pretty well into the definition of insurrection. Then you have other people who didn't really know what the hell they were doing.
There was no premeditation, and that's kind of what you need with an insurrection. In order to be able to prove it legally, you have to prove that this thing was planned, that the insurrection was the point, and that they had an end goal in mind, and that's where you're gonna run into trouble. Obviously, as I said, we have seen some individuals that have gone to trial, right? There's a proud boys trial happening right now alleging seditious conspiracy because they, you know, according to the prosecutors, they had planned this. They knew what they were doing. They knew what the goal was. They actually had a strategy. But the other people, I do think some of them really did kind of get caught up in the moment and ended up making stupid mistakes. And, Hey, you still gotta pay for your stupid mistakes. But those people didn't go there with a plan. They were just there because, Hey, I love Trump. Hey, everybody's walking this way. Hell yeah, I'll walk. Oh, we're in the Capitol. Yeah, I'll go in the Capitol. Those people, you know, I, I don't think they were engaging in an insurrection. You just have stupid people doing stupid things. So again, the bottom line is, could you prove that Trump incited it? A good lawyer? I think a hundred percent they could, could you prove that what happened that day was an insurrection? That's where things get a lot tougher. Thanks
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