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Thursday, August 22, 2024

What Happens If Trump Wins While in a New York Prison?

A felony conviction is not a disqualifier from federal office.i could see Americans who do not like Trump voting for him as a protest against the Democrsts' threat to democracy.   New York will not release him.  It would be a little too transparent if they Epsteined him, leading to perhaps didorganized civil war.  and 

I would like to think that a federal judge would issue a writ of habeas corpus for Trump.  While the tradition is that the Chief Justice of the Supreme Court swears the President into office, this is not required.  Calvin Coolidge was sworn in by a Justice of the peace

If he is not able to take the oath of office who is President?  No one.  Biden might claim that he is or Harris might claim that she is but without an Electoral College victory, clearly neither is.  I wonder how many Red State governors will declare that there is no legitimate national government because the chief executive of the national government is not in office and simply refuse to follow national government orders.  Texas would likely enforce a border. This might lead to de facto secession. 

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2 comments:

  1. The 20th Amendment Section 3 is clear that if the President-elect is unable to serve when the previous President's term ends, "the Vice President-elect shall act as President until a President shall have qualified". If neither a Vice President-elect nor a President-elect have qualified, then by law (under Section 4) it would fall to the Speaker of the House until one does qualify.

    Under no circumstances can Biden claim to be President after 12:00pm on January 20, 2025. His term is definitively over. Harris cannot claim to be President without winning either the Electoral College or the runoff by state delegations in the House of Representatives. The Constitution is absolutely clear on that.

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  2. Wouldn't they swear in Vance as VP, who would then assume the presidency if it is vacant?

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