2016 Postmortem

zagamet

(8 posts)

13. Duty to Act not SCOTUS'

Reply to ElementaryPenguin (Original post)

Sat Jan 14, 2017, 03:55 PM

Jan 2017

That wouldn't look political at all.

The election is certified by Congress. If Trump were to shoot someone on 5th avenue today, he'd probably be locked up - and still become President at 12:01 Jan 20th.

If he were to shoot someone on Federal property he would still become Presideht on Jan 20th and could then pardon himself.

The Constitution prescribes a remedy for removing a President for criminal activity and it isn't SCOTUS; it's Congress. If brought to SCOTUS, if the case were taken at all, it wouldn't be 5-3 in favor. It'd be 7-1 or 8-0 against. There's no way to interpret the Constitution's remedies otherwise: the duty to act lies with Congress.

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Loretta Lynch could file federal charges against Trump for High Treason NOW! [View all] ElementaryPenguin Jan 2017 OP

Lynch and Obama should have fired Comey way back when vlyons Jan 2017 #1

Yes. ElementaryPenguin Jan 2017 #2

Have no idea of legality triron Jan 2017 #3

Crazy circumstances - perhaps requiring ElementaryPenguin Jan 2017 #4

Maybe there is a genius somewhere triron Jan 2017 #6

I'd love to read in history books that Obama ElementaryPenguin Jan 2017 #15

With Justice Kennedy? longship Jan 2017 #33

What I'm interested in is finding any - even out of the box solutions ElementaryPenguin Jan 2017 #36

Than you should clearly understand that POTUS' surrogate to SCOTUS is the Soliciter General... longship Jan 2017 #37

Don't worry, LS - I will likely not get to be POTUS to try out my hypothesis, ElementaryPenguin Jan 2017 #41

I did not laugh at you, my friend. longship Jan 2017 #48

Glad that you are ardent about this! triron Jan 2017 #38

Thanks for that. ElementaryPenguin Jan 2017 #42

First there has to be a case!! And you damned well know it longship Jan 2017 #49

By this point, it is embarrassing for DU. My cat is facepawing. dionysus Jan 2017 #62

Lynch could have stopped Comey right before the election. She didn't. jalan48 Jan 2017 #5

Because more evidence has now come to light! ElementaryPenguin Jan 2017 #7

She was Comey's boss. She could have told him not to release the "new" info on Clinton's emails. jalan48 Jan 2017 #14

You may be right but no one knows that for a fact. She could... ElementaryPenguin Jan 2017 #21

I would like it to be the case but her past actions say no. jalan48 Jan 2017 #34

Tend to agree with you on this, Wellstone ruled Jan 2017 #27

I say let 'em launch ElementaryPenguin Jan 2017 #30

Adventure! Melodrama! Escape from... reality! Welcome to GD:P dionysus Jan 2017 #66

That would be President Pence shadowrider Jan 2017 #8

"Point of order" - Point of reality. n/t PoliticAverse Jan 2017 #9

There isn't much "reality" ElementaryPenguin Jan 2017 #11

There's plenty of reality that many people can't accept. PoliticAverse Jan 2017 #12

The "Reality" is that the Supreme Court can rule as they please ElementaryPenguin Jan 2017 #19

The reality is that folks like Ginsburg, Sotomayor, Breyer and Kagan onenote Jan 2017 #56

Pence cannot become President without becoming Vice-President ElementaryPenguin Jan 2017 #10

You might want to read the 20th Amendment to the US Consitution, it disagrees with you Lurks Often Jan 2017 #23

Lurks, I just read it - thank you. This is a very convoluted argument, but ElementaryPenguin Jan 2017 #25

No the House of Representatives would then determine who becomes President Lurks Often Jan 2017 #29

No. The House only chooses if the President-elect dies and there is not a Vice-President elect ElementaryPenguin Jan 2017 #35

You have a very flawed understanding of the 20th amendment. onenote Jan 2017 #57

Unless the was good evidence triron Jan 2017 #32

Duty to Act not SCOTUS' zagamet Jan 2017 #13

Right. But Wrong. Show me where in the Constitution ElementaryPenguin Jan 2017 #17

While I think the Court decided Bush v. Gore incorrectly onenote Jan 2017 #58

"he would be arrested, and he would not be sworn in as President on Jan. 20th" PoliticAverse Jan 2017 #16

There doesn't have to be. The Supreme Court can (AND DOES) rule as they please. ElementaryPenguin Jan 2017 #18

And then what? zagamet Jan 2017 #28

Trump was not elected by the American people ElementaryPenguin Jan 2017 #44

I think that the AG position is just ceremonial these days. They have no power. CentralMass Jan 2017 #20

Not true. ElementaryPenguin Jan 2017 #22

There is no recent demonstrable proof of that CentralMass Jan 2017 #43

Agreed. ElementaryPenguin Jan 2017 #47

Are you feeling ok??? greytdemocrat Jan 2017 #24

Definitely not!! ElementaryPenguin Jan 2017 #26

There is NO political, legal or judicial solution to a coup. underthematrix Jan 2017 #31

Thank you! fleur-de-lisa Jan 2017 #40

We certainly are in uncharted waters... ElementaryPenguin Jan 2017 #45

You may be correct, and T. Jefferson might concur... ElementaryPenguin Jan 2017 #46

This is false.... Put those who are part of the cout on jail before they're put in office uponit7771 Jan 2017 #51

Yep! triron Jan 2017 #52

Tell me how you think that would happen underthematrix Jan 2017 #53

+1 2naSalit Jan 2017 #76

grand jury cjbgreen Jan 2017 #39

Any good prosecutor can get a grand jury to indict a HAM sandwich. - Sol Wachtler Brother Buzz Jan 2017 #50

have you ever been on a grand jury? onenote Jan 2017 #59

No, and no, but I understand a good prosecutor can be very persuasive Brother Buzz Jan 2017 #60

knr triron Jan 2017 #54

You say you're a former law student. You should ask for your money back onenote Jan 2017 #55

What are the Constitutional limitations on treason charges? Just interested. nt JCanete Jan 2017 #64

Link. onenote Jan 2017 #67

This "idea" of mine is admittedly a desperate one... ElementaryPenguin Jan 2017 #69

It's not desperate, it's a fantasy Lurks Often Jan 2017 #72

Perhaps. ElementaryPenguin Jan 2017 #73

And I appreciate your more measured tone. onenote Jan 2017 #74

I understand where you're coming from...reality. ElementaryPenguin Jan 2017 #75

That will never happen - but the American people, when they have had enough of this can Dan Jan 2017 #61

Good post, Dan. ElementaryPenguin Jan 2017 #71

Good lord, this is the most foolish thing i've read today. dionysus Jan 2017 #63

Welcome to the 2016 Postmortem forum! FBaggins Jan 2017 #65

Try reading your President-elect's tweets for this day - or any day! ElementaryPenguin Jan 2017 #70

Everybody is afraid to act. They do not know what to do. UCmeNdc Jan 2017 #68

Message auto-removed Name removed Jan 2017 #77