WuWei
125
You might want to do a little stare research. 
I donât expect the âcommission,â or whatever itâs called, to find Cawthorne ineligible - and if they did, Iâm pretty sure the NC Supreme Court would overturn it.
What will hurt Cawthorne is the process.
Sorry, I meant the Court of Appeals on North Carolina.
The law provides for the appeals.
What is âseditious conspiracy (insurrection)?â
Iâve heard of âseditious conspiracy,â and Iâve heard of âinsurrectionâ - but theyâre not the same thing.
WuWei
131
One is the charge, the other is the media and the use of the 14th.
The law allows for appeals as of right.
An appeal as of right is a guaranteed appeal - no real grounds for appeal needed, other than not agreeing with the results. The court has no discretion to not take the case.
WuWei
136
I know, but thatâs not what I asked. A guaranteed appeal is not a guaranteed overturn.
Ah. I misinterpreted your question.
I just donât think the evidence will support Cawthorne being ineligible. The appeal would be de novo.
Well, we donât have the evidence yet, so I canât exactly answer that question.
Because the commission doesnât get any deference on findings of fact - theyâre not a jury, or even really a judicial body.
WuWei
140
The only evidence will be Cauthornâs, remember.
Agreed, but they donât have to prove anything. Iâm not sure why you are claiming de novo.
WuWei
141
If the commission disqualifies him, what do you think will happen?
Undoubtedly the challengers will present evidence as well.
The burden of proof lies with Cawthorne, yes. But that doesnât mean he automatically loses. The commission will still make a finding of fact of whether he is eligible or not - which will require a finding of fact that he participated in, or gave aid and comfort to, an âinsurrection.â
He will appeal, of course.
WuWei
144
Why? The burden of proof is clearly defined.
He wonât lose if he cannot prove heâs innocent?
WuWei
145
And the appeal will be in the judiciary?
