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So ... without a conviction, who decides he is an insurrectionist? Your argument makes no sense.
Context: 14th amendment was adopted after the Civil War. The office holders quit the US, and adopted the Confederacy. Thus breaking their oaths of office. They did so publicly.
Yes. I know.
As for modern application, Secretaries of State would have to refuse to list him as a candidate in their state. Voter advocate groups are in courts to push the insurrectionist disqualification clause for Trump, as well as some members of Congress who aided him.
Which would then be litigated. It would require proof that he committed an insurrection. Without a conviction for insurrection, good luck getting a judge to sign off on that.
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He has not been convicted of anything yet. The Senate failed to convict in either impeachment, and only the Senate can rule someone ineligible to run for office in the future. In addition, he has not been convicted in his only current criminal indictment.