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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIn investigating an OP question about trump campaign cash, I found this horrifying article:
I did a little digging to answer a question that cyanite had https://www.democraticunderground.com/100212611619 and found a horrifying article. There's a chance that thing could actually run in 2020 even if removed.
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TRUMP 2.0?
Could Donald Trump be impeached, convicted, and then re-elected?
By Austin SaratOctober 2, 2019
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As a scholar of American legal and political history, I have studied the precedents for dealing with this strange conundrum. A little-known wrinkle in the Constitution might allow Trump to be reelected president in 2020 even if he is removed from office through the impeachment process.
At the time the Constitution was ratified in 1788, many of its authors regarded impeachment as an improvement over the violent methods often used in Europe to get rid of corrupt rulers. Nonetheless, they recognized the dangers that impeachment would always present.
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The Founders were careful about defining and regulating this dangerous power. They gave the House of Representatives the sole Power of Impeachment, and specified that the Senate shall have the sole Power to try all Impeachments, with a two-thirds majority required for conviction. They specifically prevented the presidents pardon power from reversing impeachments.
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But, as Ohio State University law professor William Foley points out, Senate procedures require separate votes to convict someone of an impeachable offense and to impose a disqualification penalty.
So even if Trump were impeached and convicted, there is the possibility that he could be reelected to the same office from which he had been removed.
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https://qz.com/1720279/could-trump-be-impeached-convicted-and-then-re-elected/
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The article is nightmare-inducing because I can just see that thing trying it. What a goddamned clusterfuck that would be. I hope the gop isn't nuts enough to nominate him again, but it's kind of up to his base. Jesus H. Christ, I hope this guy is wrong.
unblock
(52,253 posts)It's vastly more likely that if they had the votes to convict, they'd get him to resign instead.
But if Donnie refused, and they vote to convict, I guarantee that the Republican senators who voted against him would want to make certain that he's never in a position where he could exact revenge.
So if they vote to convict, they'll vote to bar him from future office.
TreasonousBastard
(43,049 posts)I find it difficult to see the Senate allowing him to run again.
It would be fascinating to see him still on the ballot, though. History-making!
And highly profitable for the army of lawyers involved.
abqtommy
(14,118 posts)C_U_L8R
(45,003 posts)the minute hes out of office.
KLRIQ2
(59 posts)The Oath of Office: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Any scenario of removal preemptively breaks his ability to fulfill the Oath, and would trigger revocation of Passive Suffrage. He could not swear or affirm ( keyword being faithfully ) after a demonstrated failure of the PPD (Preserve , Protect and Defend) clause, therefore would be ineligible for the Presidency.
If convicted, revocation of Passive Suffrage would automatically be conferred, by the damage to the "State" by his failure to comply with his affirmation of the Oath.
If he resigned it would be one more hoop of a legal challenge that would easily be moved through to the Supreme Court and fall under the same legal precedence tree and arguments as convicted felon political Active Suffrage disenfranchisement/enfranchisement challenges and case law.
At the end of the day it is simple, difficult to challenge, parliamentary procedure that would ban him from running for the Office of President.