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Old 14-01-2021, 08:41   #2479
Chris
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Re: U.S Election 2020

There’s no doubt it would end up in the Supreme Court regardless. The Trump campaign has not been shy of pursuing legal action since November. Without being a constitutional expert however, I’m not convinced by the retired judge’s argument even based on the parts he quotes.

Trump has already been constitutionally impeached, within the last 24 hours, while still in office. If the only judgment then available was removal from office then proceedings would by definition have to end when he leaves office anyway, but the constitution doesn’t limit judgment to that. Disqualification is also provided for.

The judge’s argument amounts to word play - effectively, “aaah, but these clauses apply to the president, and he’s not the president any more, is he?” He appeals to the “plain reading” of the text but that’s not the reading he’s offering. The two legal precedents for officials being barred from future office after already having left it, will be significant should this get to the Supreme Court.
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