Posted on 03/05/2024 9:42:57 AM PST by SeekAndFind
Donald Trump is facing 91 criminal charges after being indicted four times. Regardless of what his supporters think about those charges, the wheels of justice are turning and Donald Trump will likely be convicted on several felony charges.
When those convictions come will be critical to the question of whether Trump will take the oath of office from prison and whether he will govern from behind bars.
Since it is a generally accepted legal opinion that a president cannot be prosecuted while in office (although there would likely be challenges to that tradition), if Trump is sworn in without being convicted, it's difficult to see how he could be denied office. All prosecution would be on hold as long as Trump served as president.
But what if Trump is convicted of felonies before Election Day? Or Inauguration Day? There are no constitutional guardrails to guide the country through such an unprecedented scenario.
Trump would be free to appeal any conviction, of course. But there's nothing in the law to prevent vindictive, Trump-hating judges from putting him behind bars while the appeals move forward.
Reason.com's Keith Whittington has developed some scenarios of what might happen if Trump is in prison and wins the election.
If Trump is cooling his heels in the big house when Inauguration Day arrives, he could simply be sworn in as president in his prison cell. The presidential oath can be taken wherever the presidential designate happens to be at the time of his ascension to the office. Nothing says the president cannot be a convict, though the Department of Justice has insisted (when this was a live question under Nixon and Clinton) that a sitting president cannot be prosecuted. Joe Biden will stay out of prison—at least until he moves out .
(Excerpt) Read more at pjmedia.com ...
Personal attacks are uncalled for, unproductive, and belong on DU not FR.
With that said, I am trying to "game out" what could happen.
For whatever reason the global "Deep State" has become fixated on destroying the average "White Christian Nationalist" American for which Trump has become our proxy, to the point of destroying anything and everything that resists them by any and all means necessary.
To pretend that there is no real chance of Trump being incarcerated before this November does not align with what has happened since Trump's first term.
Even if convicted before assuming office, I don’t think a state could legally hold the US president in prison during his term. Another poster went so far as to call that an insurrection. But I doubt they would imprison Trump if elected for a few days/weeks with the appeals process still working it’s way through the courts. So I think it would be the next GA governor that would ultimately decide Trump’s fate should he be convicted, not pardoned by the current governor, and lose the appeals. (But I’m no lawyer.)
Nope. There is the state court case in New York, which is currently scheduled for trial in March.
People tend to forget about that case because it is the stupidest and flimsiest case of them all, but it doesn't matter. Trump will be tried before a Manhattan jury composed entirely of far left-wing democrats, each of whom will have already decided that Trump is guilty before even being picked for the jury, and each of whom will be excitedly looking forward to convicted Trump so they can brag to all of their friends, get invited to the best parties, and even get interviewed on MSNBC.
Trump will then be sentenced to prison and ordered held without bail pending appeal by a far left-wing democrat hack of a judge, who will also be looking forward to getting invited to all of the best parties and maybe even getting high paid job as a talking head on MSNBC.
Because it will be a state court conviction, Trump will not have the power to pardon himself if re-elected. So we are looking at a major constitutional crisis if Trump is re-elected from a New York prison cell.
The 'rats might just deny him Secret Service protection.
AFAIK, Sloe Joe has NEVER put the “country ahead of his own bitter feelings.”
Under Georgia law, the governor cannot pardon anyone unless a pardon is first recommended by the State Board of Pardons and Paroles, and even then not until at least five years after they have served their entire prison sentence.
No prison risk in that victimless charged fiasco.
See post #67
So if Trump were to be sentenced to life in prison, he could not be pardoned during his lifetime?
Whoa that’s wild. Thanks for the information. I’ll have to read up on the five members of the paroles and pardons board. I guess it’s a good thing Willis engaged in such shenanigans that the case against Trump is likely doomed.
This was interesting from your link:
“While the state board offers limited exceptions to the five-year waiting period, mainly for people who can demonstrate the need for a pardon for immigration or employment purposes.”
I’d say getting hired as the POTUS would constitute “employment purposes.” So there is still a possibility of a pardon before Trump leaves office should he be both elected and convicted. Like I said, I’ll have to read up on the board members. Thanks for the information!
The one detail about the Bragg case in NY is that the so called crime is a misdemeanor. It is only elevated to a felony when federal laws are also broken. When asked which federal laws were broken, Bragg stated he did not have to disclose that information.
Since there is a federal law component in order for this to be a felony, and Trump has yet to be convicted of any federal charges, I am wondering if he has any way for a federal court to intervene.
There is no authority for pardoning state convictions - and there are criminal cases pending in both Georgia and New York. The governors would have to do that - Kemp might, but Hochul - I’m not seeing where she does that.
Just like there was no risk of a $500 Million clearly excessive fine for a victimless charged civil fiasco in New York?
If only we were still a nation of laws.
Republicans still control the state legislature in Georgia, so if Trump is somehow convicted, I think the simplest remedy would be for the Georgia legislature to expand the governor’s pardon power. Of course, the dems would scream bloody murder, but frak ‘em.
Oh my goodness it has happened before in Georgia, memiores back in my day Hosea Williams was elected to office while in jail in Georgia and we all loved him.
One time he went to McDonough Georgia, for something to do with civil rights. Got there passed the hat said these people any got no money and left....fitflol
Another time he was on tv and the reported asked his about drinking and driving and his jail time and what he was going to do about his problem ON TV Hosea said and I quot, “ I am going to drink some more, dive some more and chase some more women”. One of his defencese argurments was he was sitting on and off ram asleep HE was NOT driving! keys in the car and it was still running...hold my beer
A great thing about Hosea was every year he had a Thanksgiving dinner. It was come and everyone eat he didnt care who, what, when, or anything else everyone could go. I loved him for that and his candid devil may care attudie.
~~~~~~~~~~~~~~~~~~~~~much more at link he was a character my daddy thought it was the funniest thing he ever saw!!!!!
Ran For Political Office
Williams was one of the first civil rights leaders to try to enter politics. In 1968, he ran unsuccessfully for the Georgia House of Representatives as a Democrat. In 1970, he switched parties, running for secretary of state of Georgia as a Republican, but lost again. Changing back to the Democratic party, Williams lost the primary for the U.S. Senator from Georgia in 1972 and the primary for mayor of Atlanta in 1973. Williams finally succeeded in politics in 1974, when he was elected to the Georgia General Assembly, serving southeast Atlanta. Williams would hold the position of senator until 1985, when his wife, Juanita, succeeded him in the state legislature.
Hosea Williams—research chemist, ordained minister, and politician—is best known for his activities during the Civil Rights Movement of the 1960s, when he worked closely with Martin Luther King, Jr. Williams, whom King called “my [Cuban strategist Fidel] Castro,” supervised voter registration in hostile areas, led many dangerous marches, and was arrested more than 100 times. His wife and two of his children were also arrested during civil rights campaigns. On March 7,1965, Williams led the infamous “Bloody Sunday” march in Alabama, when the demonstrators were brutally beaten by state troopers. A 1965 issue of Ebony magazine recognized Williams as “always on hand when the going is rough.”
After King was assassinated, Williams became involved in mainstream politics, as a state representative for Georgia (1974-85), Atlanta city councillor (1985-90), and DeKalb [Georgia] county commissioner (1990-94). Throughout his political career, he continued to fight for civil rights, using King’s method of direct action. In 1987, Williams led a march to all-white Forsyth County, Georgia, where counter-demonstrators threw rocks and bottles while shouting racial slurs. In 1996, Williams organized a march to the state capitol to protest the current Georgia flag, which incorporates the Confederate flag.
https://www.encyclopedia.com/people/social-sciences-and-law/social-reformers/hosea-williams
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