Answering this question: https://law-and-politics.online/@short[email protected]/111429189190084052

Nobody really knows what is meant by "officer of the government." It might include the president. It might not. A president occupies a unique position under the Constitution.

Basically what the judge did was punt the issue to the appellate court.

The judge found that Trump incited an insurrection (a finding of fact) but didn't find that he was an officer of the federal government (a matter of law).

Here's why the distinction matters . . .

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shorty60 🇺🇸 (@[email protected])

@[email protected] Have you seen the Colorado decision on the 14th amendment case to keep Trump off the ballot there? If so, can you explain why they would hold that the President is not an officer of the government? Constitutional law may not be your thing but I value your thoughts. This one really perplexes me.

Mastodon @ SDF

If an issue that goes to an appellate court is an issue of law, the appellate court reviews de novo, which means that no deference is given to the lower court.

See:

https://www.law.cornell.edu/wex/de_novo

With an issue of fact, appellate courts are more deferential to lower courts.

I didn't read the decision but this is from ABC⤵️

As far as what the judge was thinking, your guess is as good as mine, but from this, I'd guess that . . .

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de novo

LII / Legal Information Institute

. . . the judge found more textual support for finding that the president is not an officer than for the finding that he is.

Picture a balance scale with slightly more weight on one side.

So now it goes to the appellate court, which might have more nerve than the trial court.

The important part of the finding, though, was that he incited an insurrection.

The appellate court can overturn that, but it unlikely and more difficult because of the greater deference to findings of facts.

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Welcome to the world of constitutional and statutory interpretation.

Basically, the Constitution means whatever the Supreme Court says it means because the Supreme Court is the final arbiter and the Constitution is stuffed full of phrases and words that can be interpreted in different ways.

An interpretation of the word "reasonable" in the Fourth Amendment has literally filled books.

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@Teri_Kanefield
Thanks for your thoughts!