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The plan is now to delay delay delay so Trump can enter the election. Then when he wins he’ll just pardon himself and be like, “What are you talking about? Remember when I said Biden could do it?”
This is both a civil suit and a state case. Trump would have no pardon power here. Habba is just stupid.
I keep seeing people say this, and factually/logically it's true. But according to The Constitution, trump is disqualified from even holding the office. If he gets elected, he's already talked of suspending The Constitution, political revenge, mass firings of civil service positions unless swearing fealty to him, and being a short term dictator. It feels strange and needlessly bombastic to say this, but there is a chance it'll be game over.
If you can explain how Trump can pardon himself from a state civil trial, go for it. Because the much simpler explanation is that Habba is an idiot.
Well, as I thought I said, if you can say explain how an insurrectionist can be elected, I'll say how state courts don't mean shit. Honestly though, I think it's all academic. trump lost the popular vote by 3 million the first time, and 7 million the second. I can not see him doing any better this time around. Then again, that first win did surprise me, so fuck, who knows? Might be a little harder to launch a coup from the outside. Or maybe he'll be in jail. Haha, right.
Edit: And yeah, whatever happens, Habba is indeed an idiot.
The Constitution provides no explanation for who makes that determination under the 14th amendment and under what standards they are to do so. And that is going to be the core of any legal fight over his candidacy - who determines eligibility under 14A and under what standard. Trump and his lawyers will almost certainly aim for the answer being either Congress or a criminal trial, while most on this sub hope that any state judge of SoS should be able to disqualify him nationally on their opinion alone.
The authors of the 14th probably didn't think it was necessary, since they could just go "see that group over there engaged in open rebellion? we mean the people publicly in charge of that", but that's...fuzzier with the J6 stuff. It's not like Trump publicly led the attack on the Capitol, he's too much of a spineless wimp for that.
Furthermore, I am not sure that I really want random State judges determining what counts as insurrection. We already have Greg Abbott claiming that Texas is being actively invaded and the Federal Government is doing nothing about it. If Trump is thrown off the ballot because of the 14th Amendment, I have no doubt that some Texas judge will proclaim Biden as the leader of the Invasion of Texas and throw him off rhe ballot as well....
.... which might be the outcome all of us Lemmings have wanted all along, but not quite like this.
I could pontificate on the other side, but I think this The Atlantic article does a much better job of explaining the 14th Amendment.
Ah. I still think that’s the plan though. I guess we’ll see.
I don't see how it would achieve anything in this case.
If he got elected and the trial wasn’t over, wouldn’t they try to argue that it all has to be put on hold while he’s president?
They could try, but it's up to the judge's discretion and the judge doesn't sound like they'll play ball on that one.
Me neither, but it’s not about what you or I thinks
It's specifically about what you said you think the plan is
I think we lost track of which it we were talking about
If he were to be elected, would there still be an avenue to disqualify before taking on the oath? He would be the president-elect, not the president, until sworn in.
Huh… so would Biden stay president until the court cases are dealt with? How’s that work?
I'm not sure. This whole ordeal is pretty much uncharted, so any searches come up with him and not really anything else.
I do however think I remember there being something that could make the presidency be pushed to the runner up if something isn't followed. It was from high school, so my memory is a bit foggy.
Probably got to the VP-elect, Carrot Top.
Nope, it goes to the Speaker of the House, but more likely the Supreme Court would just pull a 2000 and assign the presidency.
Wait. Really? So say Biden/Harris are Pres/VP. trump/CarrotTop are pres/vp-elect. trump gets disqualified before the inauguration, so when the inauguration comes around, Biden/Harris are out because they lost, and trump has been disqualified, so it goes to the Speaker? Why is CarrotTop disqualified?
They really didn't do that though. They essentially decided two things:
A state counting some ballots under different rules than other ballots violates equal protection.
Election deadlines are legal and enforceable.
Gore wanted to recount a handful of places under a different standard than the rest of the state (basically changing how to handle undervotes, overvotes, that sort of thing) after the previous count and recount under the state standard did not give him a win, starting this recount just a couple of days before the deadline. Bush asked for an injunction and for SCOTUS to sort it out, and SCOTUS heard the case and issued a judgement in frankly record time, but that still meant their opinion was issued 2 hours before the deadline.
Those looking into the Florida 2000 election after the fact actually came to the conclusion that the last recount Gore called for wouldn't have caused him to win if completed, but an estimate by one org suggests that had it been a statewide recount under the standard Gore wanted to use that that would have tipped things in Gore's favor but that's not a count that had ever been put on the table.