2016 Postmortem

zagamet

(8 posts)

28. And then what?

Sat Jan 14, 2017, 04:27 PM

Jan 2017

And then who becomes President on Jan 20th?

There can only be one President at a time. It would be a Constitutional crisis of the first order to have multiple people claiming the right to hold the office simultaneously. THIS above all else is why we've spent 200 plus years cementing the tradition of a peaceful transfer of power.

More to the point, if you were a member of SCOTUS, would you want your legacy to be the creation of simultaneous claims by 1. President Elect, 2. Vice-President Elect, 3. Vice President, and 4. House Speaker to become the next President and the absolute destruction of governmental validity that would create?

And then various States would get involved, doubling down on the chaos. What happens when Texas refuses to allow its citizens to send their tax dollars to "The illegal Biden Administration"? What happens when the Oklahoma Gov issues a standing arrest warrant for "the illegitimate President and Constitutional Usurper"?

Look. Trump was elected by a base whose main goal is to bring down the validity of the federal government. SCOTUS getting involved at the last minute would give them everything they hope to achieve. It would be utterly destructive to the validity of the federal government as an institution.

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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