Trump Could Be President Even While Serving Time

The Daily Escape:

First fall foliage, Cox Brook, Northfield Falls, VT – September 2023 photo by John H. Knox

First, although we may know if Trump has been convicted prior to the 2024 election, it’s highly unlikely that he would be serving time by then, because his convictions (if any) will be appealed. The appeal process will take us well beyond when the Electoral College votes are counted in DC.

Second, The Constitution (before it was amended) contains just three requirements to become president: the person must be a natural-born citizen of the US, 35 years or older and a resident of the US for at least 14 years. That’s it.

In 1868, the 14th Amendment added Section 3 of the Fourteenth Amendment to the original text that:

“no person shall … hold any office, civil or military, under the United States … who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

UCLA law professor Richard L. Hasen, a leading expert on election law, told CNN that Trump has a path to serving as president if he wins the election in 2024: (emphasis by Wrongo)

“The Constitution has very few requirements to serve as President….It does not bar anyone indicted, or convicted, or even serving jail time, from running as president and winning the presidency,”

And while some states prohibit felons from running for state and local office, those laws do not apply to federal elections. More from Hasen, on whether a president may serve from prison.

“How someone would serve as president from prison is a happily untested question…”

If Trump were in jail and prevented by law from leaving jail while his sentence was carried out, that would make running the government impossible. It wouldn’t necessarily prohibit him from serving as president from a cell, at least until he could pardon himself, another untested loophole.

If he tried to pardon himself, or to commute his own sentence, we’d wind up at the Supreme Court. From the NYT:

“Either action would be an extraordinary assertion of presidential power, and the Supreme Court would be the final arbiter of whether a “self-pardon” was constitutional.”

Trump would certainly sue to be released from jail, saying (correctly) that imprisonment prevented him from fulfilling his Constitutional obligations as president. Trump’s lawyers would argue that keeping a duly elected president in prison would be an infringement by the judicial branch on the operations of the executive branch. Again off to the Supremes we’d go.

So time for a few brief reminders: Trump faces no significant opposition to winning the 2024 Republican presidential nomination. Plan A among those who really don’t want Trump to win is to say:

“…he will lose in the general election.”

And there’s no Plan B. So, what will your options be if he wins? In general, your options are: Knuckling under, taking part in political violence, or leaving the country. And understand that, regardless of how submissive you are, the number of people who will die in police custody or while “resisting” will go way up. Let’s take your options one at a time:

  1. Leaving the country is something only rich people can do and it wouldn’t dislodge Trump. It will make him more secure.
  2. Political violence is personally risky. It requires moral compromise that makes our regular politics look almost pristine. And unless it’s large and well organized, it will fail.
  3. Knuckling under to tyranny will probably be the response of most Americans, even though most would say that’s incompatible with their conscience.

But all that said, Ukraine’s limited success against a superpower shows that using today’s technology makes it relatively easy to hold large swaths of a country despite the other side’s having a much stronger military.

Wrongo thinks that after a Trump win in 2024, US citizens will have to think seriously about how to handle life under an authoritarian regime. Trump will start out with a soft form of authoritarianism. But later? Who knows what it becomes. A lot of people around the world live under authoritarian regimes, so while it’s awful, it’s also survivable for most people.

And think twice about resistance. As a thought experiment, list out the historical examples of a citizenry that  successfully resisted a fascist takeover once the fascists had a firm grip on the judiciary and half of the legislatures.

America has one great shining example of what not to do when Bush v. Gore was decided in 2000. No Democrat (looking at you Bill Clinton!) told the Supremes to fuck off. Even Gore didn’t say “just keep on counting” in Florida. Instead, he crumbled. In a democracy, no court should ever tell the political branch to stop counting votes.

That election was stolen, but Democrats collectively just let it happen. Worse, two years later almost all of the Democrats in Congress voted for Bush’s nasty authoritarian terror bills and a war to avenge 9/11.

Wouldn’t it be much better this time around to make sure Trump doesn’t get the votes of any of your friends, family or neighbors? And better yet, that you get most of them out to vote?

Please don’t plan on sitting back and waiting for a conviction to deliver us from Trump. Why is it in the DNA of Democrats to keep looking for some external solution to our political problem?

Wrongo is an elderly white, married, upper-middle class male living in a Blue state. He’s going to be fine no matter what. He’ll worry about his kids and grandkids, but personally, Wrongo has nothing to worry about. His taxes may even go down again.

But he plans to resist, no matter what.

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Monday Wake Up Call – Election Eve Edition

It is less than 36 hours until someone loses the 2016 presidential election, and the FBI has again cleared Hillary Clinton of any criminal wrongdoing related to her private email server.

But the damage is done. James Comey caused this and must resign, assuming Clinton is inaugurated. He tried to sabotage her campaign, he stalled her momentum, and caused quite a few people who planned to vote for her to have a false and negative impression of her honesty.

No American should have faith in Comey’s impartiality. But, once again, it is “mission accomplished” for the GOP, they used the go-to Republican tool of character assassination.

It works every time if it involves a Clinton, and the media is always happy to oblige.

In other news, the Pant Load just renewed his lease on the Trump Tower of Ignorance. On Saturday in Florida, he questioned the current mission to recapture the Iraqi city of Mosul from ISIS. He again criticized the US leaders involved in its planning. From CNN: (emphasis by the Wrongologist)

The Republican presidential nominee knocked US officials as a “group of losers” for not launching a “surprise” attack and said he was convinced the offensive — which is led by the Iraqi military — was launched “for political reasons” to benefit his Democratic opponent Hillary Clinton. He suggested she would get “credit” for its success.

This was after his Friday musing in Hersey PA, where he questioned the core rationale behind the military offensive, which is central to defeating the terrorist group in Iraq:

Who benefits by us getting Mosul? You know it’s going to benefit Iran. We’re not going to benefit. Because Iran is taking over Iraq.

Trump misunderstands the goals of the US program to defeat ISIS, which he claims to support. Retaking Iraqi territory from ISIS is key to that goal.

Trump also misunderstands military strategy and tactics. He says we shouldn’t announce plans to attack Mosul, but US military officials say it is impossible to move tens of thousands of troops and the associated materiel into position without alerting the enemy. They also stressed the importance of warning civilians of the coming battle.

And despite forces pushing ISIS back around Mosul, Trump said on Saturday that the offensive has been a “disaster,” directly contradicting accounts from our military leaders.

Trump’s ego tells him that he knows more than the generals about military operations, that he knows more than economists about economics, that he’s an incredibly virile 70 year old man, and that he was the greatest athlete in NYC during the 1960s.

If you haven’t voted yet, go vote, because otherwise, no one will want to hear your pathetic excuses about why you didn’t go to the polls. Please don’t talk about why you chose to cop out, or to cast a third party ballot, when the actual choice before us this week is as stark as we’ve ever seen in our lifetimes.

A popular rationale to justify not voting, or voting for a third party, is: “I don’t like either candidate, they’re both terrible.”

The thing is, there are no perfect leaders. We have never had a flawless president. There are always weaknesses, foibles and scandals. It takes decades before we really understand who the great leaders were, and even then, most had defects that would diminish them with today’s scandal-focused media.

So, undecided voters, look into your soul, and find that part of “us” that’s within you. Remember that while dystopian nightmares are fine in the movies, you really don’t want to actually experience one firsthand.

And, when you wake up on Wednesday morning in a country that hasn’t turned into a hellish wasteland overnight, pat yourself on the back for having done the right thing.

It’s time for America to wake the F up! With one candidate, you pretty much know what you’re going to get. With the other, you have no idea what you’re going to get, but, as his Mosul comments show, you can be sure he doesn’t know shit from Shinola about anything other than real estate.

To help America wake up, here is Sunnyland Slim with “Be Careful How You Vote”. Sunnyland was a patriarch of the Chicago blues scene from the 1940s to the mid-1990s when he died. Slim was in his mid-70s at the time of this recording:

Don’t be buying Trump’s lies about “building a wall” or “bringing back manufacturing jobs“. Neither will ever happen. Be careful how you vote.

Those who read the Wrongologist in email can view the video here.

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Weekend Links to Help Improve Voting

“Nobody will ever deprive the American people of the right to vote except the American people themselves and the only way they could do this is by not voting” – Franklin D. Roosevelt

If you read the Wrongologist, the chances are excellent that you will be voting, or, have already voted in the local, state and presidential elections that will culminate with some kind of decision next Tuesday.

However, you have an additional job this weekend, and that is to reach out to friends or family that may be hoping to skate by the big decision altogether. We need to help them screw up their courage for the task of voting, and to help you with shaming or compelling them to vote, here are a few electoral links for your weekend reading. Grab a hot cup of “Wake the Fuck Up” coffee and check these out:

Trump fans try to fool Clinton faithful into voting via text: The ads, in English and Spanish, encourage Clinton voters to text “Hillary” to a 5-digit number to cast their votes and avoid the long lines at the polls. Twitter user Robert McNees said he flagged the tweets. Then, he said Twitter told him the tweets didn’t violate their terms of service. They eventually took them down. Sorry folks, politics isn’t American Idol.

It’s unnecessarily hard to vote in America: US voter registration numbers are abysmal. According to Pew Research, only 71% of voting-age citizens were registered to vote in the 2012 presidential election. That’s compared to 99% in Japan, 96% in Sweden, and 91% in Canada. Why? In a Brennen Center study of democracies across the world, the US was one of only four countries that didn’t proactively solicit or initiate voter registration. We also struggle to get our voters to the polls. Again according to Pew Research, in 2012 the US ranked 31st out of the 35 developed countries in the OECD. Only 55% of eligible voters cast a vote on Election Day, compared to 87% in Belgium and 83% in Sweden.

Gaps in voter turnout are an important factor in the growing misalignment of public policy with the concerns and needs of working-class and low-income people: The linked study by Demos shows that our democracy mainly serves a single dominant class of affluent white voters, largely due to poor turnout by millions of Americans who would vote for progressive ideas.

A Guide to selfies that won’t get you arrested when you vote. Selfies taken inside the voting booth are illegal. Justin Timberlake took one that could land him behind bars. Don’t be like Justin. However, there is research that suggests people are more likely to vote if they see their friends talking about actually voting on social media. So, voting selfies may be useful on Election Day. Post a pic of you and your “I Voted” sticker after you leave the polling place.

The music video service Vevo, is encouraging its users to vote in the upcoming elections by launching an original series call “Why I Vote”, featuring pop stars talking about the reasons why they are going to the polls this year. The purpose is to galvanize first-time voters interested in shaping their own future.

Here is American Authors , two of the band members have brothers who have served time for shooting someone. They examine the circumstances and explain their opinions on the need for comprehensive gun reform:

If you read the Wrongologist in email, you can view the video here.

Or you might like this “Why I Vote” Vevo by musician/actress Becky G., who, since it is her first opportunity to vote, and given her Mexican heritage, talks about immigration:

If you read the Wrongologist in email, you can view the video here.

Voting for Democrats risks eternal damnation, says San Diego Catholic Church bulletin: An insert to San Diego CA’s Immaculate Conception Catholic Church’s weekly bulletin on Oct. 16, told parishioners that “it is a mortal sin to vote Democrat.” That’s not all. An article in the Oct. 30 bulletin compared a statement by Democratic presidential nominee Hillary Clinton to Satan. The San Diego Diocese disavowed the messages, and say they have no idea how this happened. Get James Comey on the phone!

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