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YES. THIS IS A CIVIL HEARING CONCERNING QUALIFICATION, NOT A CRIMINAL TRIAL. BEING AT LEAST THIRTY-FIVE YEARS OLD IS A QUALIFICATION FOR BEING PRESIDENT. SO IS NOT ENGAGING IN AN INSURRECTION AFTER TAKING THE OATH OF OFFICE. YOU NEED A HEARING TO DETERMINE BOTH, BUT NOT A CRIMINAL CONVICTION.
A CRIMINAL INDICTMENT FOR INSURRECTION RESULTS IN A DIFFERENT PROCEEDING THAN A CIVIL HEARING TO DISQUALIFY A CANDIDATE FOR INSURRECTION. A PERSON MAY BE FOUND NOT GUILTY OF MURDER IN A CRIMINAL TRIAL BEFORE ONE JURY AND JUDGE, BUT LIABLE FOR DAMAGES IN A CIVIL TRIAL BEFORE A DIFFERENT JURY AND JUDGE. THE OPPOSITE MAY BE TRUE. GUILTY AT THE CRIMINAL TRIAL, NOT LIABLE AT THE CIVIL TRIAL.