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What Happened When the U.S. Failed to Prosecute an Insurrectionist Ex-President
(www.newyorker.com)
this post was submitted on 07 Dec 2023
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This article is very long and well-researched, and made me realize how much the cases of the two men differ. Once Trump declares the independant state of Dumbfuckistan and manages to recruit young people to take up arms against the US, then maybe they will have a more direct parallel.
(And no, dispatching Meal Team Six and Y'all Qaeda to the Capitol to disrupt the EC vote certification doesn't rise to that level. Insurrection seems to be the proper legal term. We need to make sure the charges are accurate and stick, lest he get another chance to screw us all.)
I’m pretty sure the downvotes missed your point completely.
Jeff Davis wasn’t tried for treason because he had to be technically in another country once the states seceded. This was because the military occupation, and readmittance of confederate states to the union was relying on them being a foreign occupied territory. Whether that was really necessary in the case of a civil war could be argued, but the congress seemed intent on operating within existing laws at the time, rather than making new specific ones with the remaining union members.
I think that the foreign lands policy should have meant that they could have a said fuck em and ratify constitutional amendments without the confederate states.