And if we incorrectly apply false justice then it’s likely to come back and bite us in the ass.
I agree 100%
The case against Trump must be watertight. The Senate and courts in two states don’t believe this is the case.
I’m arguing elsewhere in this thread that we need to be careful to dot our I’s and cross our T’s in serving justice, but we’re talking about the Bad Faith argument here, and not whether the case against Trump was watertight. It doesn’t matter if we have a watertight case against Trump, Republicans will try to use this against us. It doesn’t matter if we took this action or not, Republicans will try to do things like this against us anyway.
But to your point (which is a real tangent), there’s no reason or precedent to apply a criminal burden of proof to a non-criminal statutory requirement, despite the fact some judges seem to want to. The Criminal burden of proof is extremely high because the consequences of criminal conviction are dramatic and possibly horrific, far worse than someone simply being left off a federal ballot. People have already been criminally convicted of collaborating with Trump to commit crimes. By even some civil burdens of proof, Trump has already been found liable for his role in the insurrection attempt.