Is that that guy had actually been convicted. Hasn’t happened for Trump… yet.
My expectation would be that because Trump’s case has not yet been adjudicated, he still has the premise of innocent until proven guilty, and until such time, he’s still qualified.
The law literally spells out the process, and it’s exactly opposite: not qualified unless a 2/3 majority of each house of Congress clears him. Of course, it doesn’t matter what the law says because the Supreme Court is playing Calvinball anyways, but yeah
Anyone is disqualified if they took an oath and subsequently “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
The problem is, until Trump is convicted, we can’t DEFINITIVELY say he engaged in insurrection or rebellion. The evidence is there, and it needs to be heard in a court of law.
The other dude who got bounced out of office WAS convicted, there was no question that he engaged in insurrection or rebellion.
American law isn’t based on “Well, everyone knows he’s guilty.”
The thing I’d like to know is, considering there’s a good chance he gets convicted, what then? If he’s in office, does he have immunity? Does his presidency fall short and he has to move into prison? Can they delay the process of him moving into office?
This is of course relying on the fact that there’s also a good chance he gets elected again.
We’re all in uncharted territory here so nobody REALLY knows… but here are some scenarios:
Trump is convicted and sentenced to jail before the election. 14th Amendment comes into play and the Republicans are forced to replace him as a candidate.
Trump is convicted and sentenced to jail after the election, this is going to depend on if he actually wins the election or not. If he wins, expect a pardon on the Federal charges (January 6th trial in Washington D.C., Documents charges in Florida), but CANNOT be pardoned for the State charges in New York and Georgia.
And yeah, there’s no proof a President can pardon themselves, so he steps down for 5 minutes, passes power to his VP and has his VP do it. We’re beyond shame at this point, there’s nothing preventing that.
14th Amendment doesn’t come into play as the insurrection charges are federal charges.
Likely he’s removed from office to go to jail, Vice President takes over.
Not convicted and either wins the election and takes over, or loses the election and we do this all over again in 2028.
Interesting note, if he is not convicted, in other words, the court finds nothing wrong with the playbook to use false electors to reverse the election, there is literally nothing preventing Biden and Harris from doing the exact same thing.
The difference between Trump and the other guy removed from office because of 1/6:
https://abcnews.go.com/amp/Politics/judge-removes-local-official-engaging-jan-insurrection/story?id=89463597
Is that that guy had actually been convicted. Hasn’t happened for Trump… yet.
My expectation would be that because Trump’s case has not yet been adjudicated, he still has the premise of innocent until proven guilty, and until such time, he’s still qualified.
The law literally spells out the process, and it’s exactly opposite: not qualified unless a 2/3 majority of each house of Congress clears him. Of course, it doesn’t matter what the law says because the Supreme Court is playing Calvinball anyways, but yeah
The 14th spells out the process:
Anyone is disqualified if they took an oath and subsequently “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
The problem is, until Trump is convicted, we can’t DEFINITIVELY say he engaged in insurrection or rebellion. The evidence is there, and it needs to be heard in a court of law.
The other dude who got bounced out of office WAS convicted, there was no question that he engaged in insurrection or rebellion.
American law isn’t based on “Well, everyone knows he’s guilty.”
The thing I’d like to know is, considering there’s a good chance he gets convicted, what then? If he’s in office, does he have immunity? Does his presidency fall short and he has to move into prison? Can they delay the process of him moving into office?
This is of course relying on the fact that there’s also a good chance he gets elected again.
We’re all in uncharted territory here so nobody REALLY knows… but here are some scenarios:
Trump is convicted and sentenced to jail before the election. 14th Amendment comes into play and the Republicans are forced to replace him as a candidate.
Trump is convicted and sentenced to jail after the election, this is going to depend on if he actually wins the election or not. If he wins, expect a pardon on the Federal charges (January 6th trial in Washington D.C., Documents charges in Florida), but CANNOT be pardoned for the State charges in New York and Georgia.
And yeah, there’s no proof a President can pardon themselves, so he steps down for 5 minutes, passes power to his VP and has his VP do it. We’re beyond shame at this point, there’s nothing preventing that.
14th Amendment doesn’t come into play as the insurrection charges are federal charges.
Likely he’s removed from office to go to jail, Vice President takes over.
Interesting note, if he is not convicted, in other words, the court finds nothing wrong with the playbook to use false electors to reverse the election, there is literally nothing preventing Biden and Harris from doing the exact same thing.