Jacob Chansley, sentenced to three years for his role in the Capitol riots, will run as a libertarian in Arizona.

  • uphillbothways@kbin.social
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    8 months ago

    As much as I want to say no, to my knowledge he technically hadn’t “previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States” so I think he’d be eligible under Amendment 14, Section 3, article 1… quoted here in full:

    Fourteenth Amendment, Section 3:

    No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

    Though, he had previously been in the US Navy, and the Navy oath of enlistment begins "“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic…,” he was not even an officer in the Navy let alone in a legislative, executive or judicial branch position.

    Pretty sure he would be eligible to run this time, whereas trump would not.