Lawyers of Lemmy, let's say he gets stuck with a fine or some trivial amount of jail time or something as a result of these charges. Is there anything about these crimes or punishments that would prevent his presidential candidacy?
Not a lawyer, but related to multiple and helped one study for the bar, so I know basically jack shit, but Section 3 of the 14th amendment:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, 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.
In short, no.
We need the Jan 6th indictment and a conviction under the insurrection act US code 2383
Also those indictments for Jan 6th in the DC federal jurisdiction are expected any second now.
IANAL, but no. Even if he is found guilty and faces hard time, he can still be President. It would take Congressional action under the 14th amendment to prevent it, but a judge could still over rule that theoretically.
It's a messed up system we have that someone convicted of so many felonies could still be president and hold the highest security clearance in our country.
A person should not be able to be president if they've been convicted of a felony. I don't mind misdemeanor convictions, especially if the served time, but felonies are a whole other level.
In a functioning democracy, a person like Trump would never stand a chance after his first term, never mind the evidence of his criminality.
Our democracy is broken from too many uneducated people who need someone else to tell them what to think about a topic. The cult of personality relies on emotional appeals instead of fact base reason.
I think it's so you can't get your political rivals arrested to prevent them from running against you. Kinda like Lula in Brazil. I think it makes sense, even if it feels shitty right now. Congress could still do something about it, but good luck getting more than a handful of Republicans to hit their party's self destruct button.
The ancient for the most part rich white slave owners who wrote the constitution just didn’t think of the scenario where a corrupt imprisoned felon could be a candidate for president. They were all 18th century enlightened gentlemen and that was outside their reality. They were however very concerned that some Europe-born demagogue might gain power.
Eugene V. Debs ran for president from prison. There's nothing in the Constitution that says you can't. Ironically, though, you won't be allowed to vote.
So far. The problem is classified docs cases are very difficult to prosecute because everyone involved needs the clearance to view the evidence. Some documents he compromised may be so high level, it would be worse to grant clearance to a jury than to let him walk.
That’s how bad this is. 32 charges are likely the best we can do.
Given that he both knew he had some of them and showed them to people who didn't have the proper clearance as a matter of bragging (for which we have proof on audio), it's going to be more than a wrist slap for sure.
Whether or not they can make all the counts stick is a different matter, but he is not likely to escape all of them.
The most ridiculous argument ever. If they have some, then that would be a crime TOO. Even if they have truckloads, it doesn't make it any less of a crime for Trump.