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Wed Jan 11, 2017, 04:32 PM

I truly don't understand this...any legal scholars here?

Or anyone with connections to legislative experts? Just how bad does it have to get before they don't inaugurate him? This is an unprecedented situation, but is the only option to wait until he is inaugurated and then impeach him? Is there no procedure to stop him being inaugurated because it's an unprecedented situation that no one ever foresaw happening?

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Reply I truly don't understand this...any legal scholars here? (Original post)
Amaryllis Jan 11 OP
marybourg Jan 11 #1
TDale313 Jan 11 #2
Hoyt Jan 11 #3
bowens43 Jan 11 #4
madinmaryland Jan 11 #14
Mike Nelson Jan 11 #5
TNLib Jan 11 #6
meadowlander Jan 11 #7
First Speaker Jan 11 #10
Generator Jan 11 #22
BigDemVoter Jan 11 #8
kentuck Jan 11 #9
MFM008 Jan 11 #11
delisen Jan 11 #12
Amaryllis Jan 11 #16
Amaryllis Jan 11 #13
MousePlayingDaffodil Jan 11 #15
muriel_volestrangler Jan 11 #17
Generator Jan 11 #23
Louis1895 Jan 11 #18
ProudLib72 Jan 11 #19
JustinL Jan 11 #20
benld74 Jan 11 #21

Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:34 PM

1. Correct. nt.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:35 PM

2. There is no mechanism.

Once the Electoral College voted, that was it. The only remedy now would be him being impeached by Congress or voted out in four years. That's it.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:36 PM

3. Not a legal scholar, but I think we are stuck with him. He probably has a dossier on any

Congressperson who would even think of impeaching him. Besides, Pence and Ryan wouldn't be much of an improvement, if any.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:38 PM

4. nope can't stop him he could stand in the middle of 5th ave and shoot someone....

 

he would still be sworn in as president

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Response to bowens43 (Reply #4)

Wed Jan 11, 2017, 04:55 PM

14. Interesting point. What if he was arrested for

The murder and denied bail as a flight risk
If he was unable to be sworn in until after a trial, then what.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:39 PM

5. The hold...

...must be Republicans. They want the office. and they hate the Obamas & Clintons with a passion. The CIA and FBI probably have better stuff than the KGB.



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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:43 PM

6. I think he'll be impeached

Clearly he has way too many enemies. The intelligence community leaked the document. I smell the GOP establishment all over this. I believe his days are numbered. But they'll swear him in first and then Pence takes over.

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Response to TNLib (Reply #6)

Wed Jan 11, 2017, 04:45 PM

7. Agree,

and I think this has been their plan ever since Pence was selected.

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Response to TNLib (Reply #6)

Wed Jan 11, 2017, 04:47 PM

10. And you think Mr Trump's "base" just sits back and lets this happen...?

...The GOP isn't going to impeach Trump; not in a million years. Why? Because they're frightened for their lives. With good reason. They're along for the ride, just like the rest of us...

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Response to TNLib (Reply #6)

Wed Jan 11, 2017, 05:58 PM

22. YES I agree

 

Sad that Pence is our best option. But Trump is a fucking lunatic. I

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:45 PM

8. Thanks for the question.

I was wondering the same thing.

WTF??? Jesus H. Christ, and I'm not even Christian!

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:46 PM

9. Repubs will do nothing until they get all their favored legislation signed into law..

Then, maybe?

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:48 PM

11. I see this pretty clear

JUST MY OPINION now..............................................................

They want maggot in office, get all this crap sealed down.( nominations etc.)
Then when forced (by his insanity) they will move on some sort of impeachment
then the put in Pence and he picks Ryan as VP.
just the logical way to do this.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:51 PM

12. The Republicans in Congress can tell him to stand aside. He does not have to do so but

they can inform him of the consequences if he does not. Trump's family and entourage may see the wisdom of convincing him to do so.

Mitch McConnell and Reince Rriebus have a lot of informal power to bring this about.


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Response to delisen (Reply #12)

Wed Jan 11, 2017, 04:57 PM

16. There are others who are not happy about him: McCain, Rubio, Graham...

They are all smart enough to see the national security risks of POTUS Trump.
Would be hard to get him to step aside, though - don't see him giving up all that attention, and part of his personality disorder is thinking he is Teflon, which has been reinforced by there being no consequences so far for anything he's done.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:52 PM

13. I think the reason Garland was never allowed to come to a vote is that they (at least key

people, like McConnell), knew they had the election in the bag, between voter suppression, vote tampering, and Russian collusion.
See Greg Palast:
http://www.gregpalast.com/election-stolen-heres/

The Election was Stolen – Here’s How…
Friday, November 11, 2016
Before a single vote was cast, the election was fixed by GOP and Trump operatives.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:55 PM

15. Per Amendment XX of the U.S. Constitution . . .

. . . the "terms of the President and Vice President shall end at noon on the 20th day of January . . . and the terms of their successors shall then begin."

Put simply, Trump becomes President as of noon on Friday, January 20 by operation of law. No formal "inauguration" procedure is required, constitutionally-speaking.

It is true that, per Article II, section 8, it is required that before an incoming President "enter on the Execution of his Office," he "shall take" the "Oath or Affirmation" set forth in section 8. But, even with respect to this, there is no constitutional requirement that this oath be administered by anyone to the new President -- although, historically, that has of course been part of the ceremonial "inauguration" -- only that the new President "take" the oath.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 04:57 PM

17. Impeachment is entirely up to the House majority

They get to define "high crimes and misdemeanors" for themselves. So they'll only vote for impeachment if they think they have to, to save their own seats. Trump has to become so obviously corrupt, to a significant amount of Republican voters, that he's about to take down the Republican party with him.

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Response to muriel_volestrangler (Reply #17)

Wed Jan 11, 2017, 06:00 PM

23. Agree or to save their own skins

 

Again I ask how many bunker spots? Because would you trust this lunatic with nuclear codes? Maybe they have a plan-they are going to give him false ones. The GOP is evil but they aren't dumb. I hope.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 05:03 PM

18. Don't forget Section 4 of the 25th Amendment

Description at Snopes.com:

Trump Versus the 25th Amendment

From the US Constitution, the actual text:

SECTION 4

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

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Response to Louis1895 (Reply #18)

Wed Jan 11, 2017, 05:14 PM

19. Yes

this has come up from time to time.

Does anyone else think that Pence has been held in the wings away from the media? I know there is a lot to cover with tRump, but to me it seems like the GOP wants to keep Pence clean. If this is correct, then maybe they are just waiting to install him as a way to save face, sort of a concession to the tRump haters, while keeping the tRump lovers satisfied that they still won the election. I'm getting a sick feeling thinking of how this is being orchestrated. The only way to truly resolve this in its entirety is to connect the entire RNC to Russia.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 05:21 PM

20. Justice Woodbury discussed a procedure for unprecedented situations in Luther v Borden

From his dissenting opinion at 48 U. S. 1, 55 (1849):

(A)ll that is left in extreme cases, where the suffering is intolerable and the prospect is good of action by the people without the forms of law, is to do as did Hampden and Washington, and venture action without those forms, and abide the consequences.

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Response to Amaryllis (Original post)

Wed Jan 11, 2017, 05:55 PM

21. Here is my thoughts on the matter

1) THIS information was known since MID summer. ALL have copies.
2) ALL expected HRC to WIN
3) Once THAT happened, ALL this would get swept away, with nobody the wiser. AND HRC FBI and CIA would take care of the mess out of site from the public.
4) THAT didnt happen.

SO now we have this. The DEMS in shock as is the country. PEETUS acting like a POTUS. FBI and CIA being called losers by PEETUS
IF due diligence was given back in the Summer, we would NOT be here. Guaranteed.
Due diligence cannot be given NOW. Drump knows this. GOP knows this. GOP doesnt care. THEY never do.

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