Originally posted by: Mark
Assuming Georgia hits him, they just put the barricades up, I see no escape there. He won't have a friendly jury and he can't pardon himself of state crimes. The Georgia governor doesn't have the power to pardon him either.
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What would be real interesting is if he wins in 2024 while in state prison or on trial. There is nothing in the Constitution that says a president can't be convicted and imprisoned. The Constitution provides only two methods for removal of a president. Impeachment in the 25th amendment which is removal for incapacity.Â
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That would create real interesting scenario where the Republican vice president and cabnit members would have to declare that Trump is incapacitated or the Republican House and then Sentate would have to vote to impeach and remove him from office. Otherwise we would have a zombie government without a president. Of course the Republican House and Senate members and his cabinet and Vice-president would all know their career in politics would be over at that point. None of them want to be the next. Mike Pence.
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I think the scenario of Trump winning and being convicted is something conservatives really need to think about otherwise a Trump win and then a conviction or a conviction before he takes office would result in the destruction of our government.  I don't believe any of the Republican politicians that would be responsible for removing him from office under either option would have the spine to do so. That would be one hell of a constitutional crisis.
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The only problem with a 25th Amendment removal is that it's temporary. The VP becomes Acting President, but the House and Senate must BOTH vote by a 2/3 majority to keep things that way, and if they don't do that within 21 days, the original President assumes office again.
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Interestingly, there is no set procedure for how long the removal remains in effect if that 2/3 vote does take place. Nor is there any set procedire for the suspended/removed President to appeal to be reinstated. Nor is there any Constitutionally mandated time frame.
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I also wonder if a President under threat of 25th Amendment suspension can appeal based on an affirmative defense, such as showing he is still able to perform his duties. Given computers, phones, and the interblab, I can't think of any of a President's duties that he couldn't perform while in prison! Just move everything from the Oval Office into a (larger than usual) cell. So Trump might be able to successfully argue that he's inconvenienced but not incapacitated.
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And who would ultimately decide such a case? You guessed it...the Trump Supreme Court! Oh boy...
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I'm sure this has already been gamed out in sickening detail by the RepubliQ.