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#361 |
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 19,682
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Which might not matter.
Another poster has pointed out... Invoking the 25th amendment might get Trump out of office immediately. Trump might have the votes in congress to block confirmation of the 25th, but it would take time to work its way though the system (and, it could be delayed along the way). Biden might be sworn in before the issue would actually come up for a vote. |
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#362 |
Illuminator
Join Date: Sep 2006
Posts: 4,238
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i think the primary concern now should be doing something to take away his pardon powers
although i would like to see a self pardon challenged in court, just to remove it as an option forever |
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#363 |
Penultimate Amazing
Join Date: Nov 2006
Posts: 14,185
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Yes, I think you and the other poster are correct, assuming Pence and company write the second letter called for under section 4.
ETA: But wait, this seems pointless. Why will there be delays if the Senate doesn't want to support removal? The Senate could just act quickly to revoke it. |
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#364 |
Illuminator
Join Date: Feb 2005
Posts: 4,283
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The vice president and the cabinet are not required to write the second letter immediately. They have 4 days to respond before Congress can vote to "decide the matter." So that's 4 days to keep Trump out of office and help keep America a little safer.
Link to the 25th Amendment |
Last edited by Kaylee; 7th January 2021 at 07:45 PM. Reason: To correct link description - the link is to the 25th amendment, not section 4 of the amendment. |
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#365 |
Penultimate Amazing
Join Date: Nov 2006
Posts: 14,185
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#366 |
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 19,682
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I think the idea is that if the republican caucus is split, where there are not enough "anti-Trump" congress-critters to keep Trump out of office. In that scenario, delaying the vote (thanks to the work of Moscow Mitch, or Pelosi) would be the way to keep the 25th amendment in place.
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#367 |
Penultimate Amazing
Join Date: Dec 2012
Posts: 31,385
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Just because I'm paranoid doesn't mean they're not out to get to me. . |
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#368 |
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 19,682
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Trump writes his "I'm really OK" letter to be given control again.
- Pence has 4 days to write his own letter saying "no he's not" - Congress meets to discuss it (if they're not in session, they can delay it by 2 more days) - Congress then has 21 days to decide the matter after they receives the second letter. If they stall it in congress (without voting) then the clock runs out when Biden takes over. |
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#369 |
Illuminator
Join Date: Feb 2005
Posts: 4,283
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According to the National Affairs a conservative quarterly journal, Section 4 is often misinterpreted on this point:
Quote:
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#370 |
Penultimate Amazing
Join Date: Dec 2012
Posts: 31,385
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None of this matters unless the cabinet and Pence invokes the 25th. Pence said he is not going to.
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Just because I'm paranoid doesn't mean they're not out to get to me. . |
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#371 |
Penultimate Amazing
Join Date: Nov 2006
Posts: 14,185
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#372 |
Penultimate Amazing
Join Date: Nov 2006
Posts: 14,185
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#373 |
Penultimate Amazing
Join Date: Nov 2006
Posts: 14,185
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#374 |
Illuminator
Join Date: Feb 2005
Posts: 4,283
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I see I was ninja'd. :-)
I'm glad you posted though. IMHO ![]() |
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#375 |
Illuminator
Join Date: Feb 2005
Posts: 4,283
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#376 |
Illuminator
Join Date: Feb 2005
Posts: 4,283
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Originally Posted by Kaylee;
I realize that Pence said he will not invoke the 25th amendment. The way the amendment is written it seems that the cabinet members cannot invoke it without the vice president's support. Trump appears to have become quite meek after getting his hands slapped by Twitter and Facebook. Despite that, I find it worrisome that his actions are not being met with a serious response by enough members of his cabinet or Congress to remove him from office. Without a strong response it's plausible that another politician will try, more successfully, in the future to shutdown our democracy (such as it is). This has made me wonder if charges of sedition could be made against people for abdicating their duty in this type of situation, and who would have standing to do so? |
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#377 |
Penultimate Amazing
Join Date: Nov 2014
Location: Dharug & Gundungurra
Posts: 14,227
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...our governments are just trying to protect us from terror. In the same way that someone banging a hornets’ nest with a stick is trying to protect us from hornets. Frankie Boyle, Guardian, July 2015 |
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#378 |
Penultimate Amazing
Join Date: Nov 2014
Location: Dharug & Gundungurra
Posts: 14,227
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After serious talk of a second impeachment or invocation of the 25th made him scared for his own power and prestige. He wants to remain president because then he is "safe", doesn't want to give all that up, and doesn't give a flying **** about anyone else how he keeps it.
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...our governments are just trying to protect us from terror. In the same way that someone banging a hornets’ nest with a stick is trying to protect us from hornets. Frankie Boyle, Guardian, July 2015 |
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#379 |
Penultimate Amazing
Join Date: Dec 2012
Posts: 31,385
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I would generally agree with the highlighted line.
That said, someone unwilling to do his job as opposed to being unable to do his job is a distinction without a difference to the people who need the job done. Anyway you look at it, the cabinet invoking the 25th and Congress are likely to have the final say should this happen. Now you might think the courts might weigh in and decide for them. I don't think so since the Amendment itself has remedies to resolving the conflict. |
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Just because I'm paranoid doesn't mean they're not out to get to me. . |
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#380 |
Penultimate Amazing
Join Date: Nov 2014
Location: Dharug & Gundungurra
Posts: 14,227
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Donny was demonstrably unable to discharge his duty to protect the US constitution. It can be reasonably argued that he has done so from Day One. But in this case it showed to the world his failure to do so in a situation where it was imperative that he should. That this failure is because of his own wanton ambition and mental deficiencies is almost beside the point.
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...our governments are just trying to protect us from terror. In the same way that someone banging a hornets’ nest with a stick is trying to protect us from hornets. Frankie Boyle, Guardian, July 2015 |
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#381 |
Penultimate Amazing
Join Date: Jul 2006
Posts: 23,519
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So it happens and he is impeached. Who "bells the cat"? Who goes into the White House and drags him out?
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"Reality is what's left when you cease to believe." Philip K. Dick |
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#382 |
Penultimate Amazing
Join Date: Mar 2007
Posts: 21,203
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18 U.S. Code § 2383 - Rebellion or insurrection
U.S. Code Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States. (June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) |
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#383 |
Penultimate Amazing
Join Date: Mar 2007
Posts: 21,203
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Well, they can impeach because they just need the House vote for that, and they have it.
To have him removed... I would guess that any Impeachment is likely to hit the Senate after Trump has left the Whitehouse, and so they will be looking into the case based on should we allow him to run for office again. They can be a lot "braver" once he is out to say "no you can't come back" than they need to be to actually kick him out. Heck even kicking him out with a week or so left might be something they are willing to do where they wouldn't have previously. |
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#384 |
Penultimate Amazing
Join Date: Mar 2007
Posts: 21,203
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![]() It must be fun to lead a life completely unburdened by reality. -- JayUtah I am not able to rightly apprehend the kind of confusion of ideas that could provoke such a question. -- Charles Babbage (1791-1871) ![]() |
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#385 |
Penultimate Amazing
Join Date: Nov 2003
Location: Port Townsend, Washington
Posts: 35,997
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Cum catapultae proscribeantur tum soli proscripti catapultas habeant. |
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#386 |
Illuminator
Join Date: Feb 2005
Posts: 4,283
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I agree. Unfortunately Trump would not be considered a trespasser unless he is:
From what I read, the House is not going to start the impeachment process until next week at the earliest if at all. I'm just amazed, what does it take to get rid of this seditious and evil orange man? The House should be working on this through the weekend. In less than two weeks after the presidential election Trump (per CNN)
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#387 |
Penultimate Amazing
Join Date: Dec 2012
Posts: 31,385
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McConnell just circulated a memo describing the process of a second impeachment trial. A Senate trial would not start until 1:PM January 20th. It could start on January 19th, but only through unanimous consent which is the day the Senate reconvenes.
https://thehill.com/homenews/senate/...l-of-trump?amp |
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Just because I'm paranoid doesn't mean they're not out to get to me. . |
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#388 |
Illuminator
Join Date: Feb 2005
Posts: 4,283
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SMH.
![]() Your link about McConnell's memo goes into a little more detail about why an impeachment trial could not be held before Jan 20th.
Quote:
Quote:
It's interesting that if the 25th amendment were to be invoked that per section 4 the clock starts ticking after Congress receives the 2nd letter from the VP and cabinet majority stating that the president is unfit to serve. Congress then has 21 days to vote on the matter with one exception. If they are not in session, they have 21 days + an additional 2 days to reconvene and then decide the matter. It's interesting that the constitution does not have a similar requirement forcing Congress to meet and decide the matter of impeachment. Considering how serious the situation is, McConnell statement that the Senate can't start the trial before the 20th because they have literally scheduled sessions in form only until then sounds really lame. Lastly, a fun fact. McConnell was in the Senate during the Clinton's impeachment trial. He voted to impeach Clinton for essentially having an affair while in office. I don't condon Clinton's behavior for having an affair with an intern who worked in his office and was less than half his age, but I don't think his behavior merited being impeached. That McConnell thinks Clinton did deserve to be impeached but that Trump does not just boggles my mind. |
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#389 |
Just the right amount of cowbell
Join Date: Oct 2008
Location: Well past Hither, looking for Yon
Posts: 6,618
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#390 |
Penultimate Amazing
Join Date: Nov 2003
Location: Port Townsend, Washington
Posts: 35,997
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Cum catapultae proscribeantur tum soli proscripti catapultas habeant. |
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#391 |
Just the right amount of cowbell
Join Date: Oct 2008
Location: Well past Hither, looking for Yon
Posts: 6,618
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I assure you I have no interest in acting outside of the law.
If he is impeached, and the senate convicts, I'd just like to be a witness to his ignominious ouster. I've seen a space shuttle launch, and a total solar eclipse. These were wondrous things, and I'm forever grateful that I got to see them. I didn't play a significant role in either event. Trump's removal would be something like that. If the impeachment fails (as seems likely to me), I'll express my disapproval in internet posts, grumbling to friends, and including it in my future decisions about who to vote for. And I would be absolutely opposed to anyone deciding that, "for the good of the country," he should be dragged out unless the proper constitutional processes (impeachment/conviction, 25th amendment, or ordinary transfer of power) had been completed. |
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"In times of war, we need warriors. But this isn't a war." - Phil Plaitt |
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#392 |
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 19,682
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#393 |
Lackey
Administrator
Join Date: Aug 2001
Location: South East, UK
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I wish I knew how to quit you |
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#394 |
Philosopher
Join Date: Nov 2004
Posts: 7,730
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It's nice to be nice to the nice. Aristotle, so far as I know, was the first man to proclaim explicitly that man is a rational animal. His reason for this view was one which does not now seem very impressive: it was, that some people can do sums. - Bertrand Russell |
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#395 |
Penultimate Amazing
Join Date: Jul 2006
Posts: 23,519
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"Reality is what's left when you cease to believe." Philip K. Dick |
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#396 |
Nasty Woman
Join Date: Feb 2005
Posts: 93,401
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So let's say Pence never invokes the 25th (he won't, he's been drinking toxic koolaid for more than 4 years). And the impeachment goes through but knowing McConnell won't bring it to the floor, Pelosi doesn't give it to the Senate until Schumer is in charge of the Senate and Trump is already out of office.
It may take a while to sort out Trump pardoning himself or even if he gets Pence to do it with a last minute resignation, and it may take 100 days or so as Biden gets his agenda up and running. So given that scenario, if DC charges or state charges are brought against Trump and his arrest ordered, what does his secret service detail do? |
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#397 |
Penultimate Amazing
Join Date: Mar 2007
Posts: 21,203
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![]() It must be fun to lead a life completely unburdened by reality. -- JayUtah I am not able to rightly apprehend the kind of confusion of ideas that could provoke such a question. -- Charles Babbage (1791-1871) ![]() |
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#398 |
Philosopher
Join Date: Nov 2004
Posts: 7,435
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The Secret Service in protecting a former President (or anyone else) acts "Under the direction of the Secretary of Homeland Security" (18 USC 3056(a)). If there is any question, they do what the Secretary of Homeland Security says. And, if it was even questioned, the Secretary will order the Secret Service to allow a lawful arrest.
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#399 |
Maledictorian
Join Date: Aug 2016
Posts: 19,546
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Andrew Torrez of the Opening Arguments Podcast made a slam-dunk argument that Trump broke Georgia Election Law with his phone call.
If Kemp doesn't pardon Trump, a prosecutor would get to have Trump send to jail for no less than one year. |
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#400 |
Penultimate Amazing
Join Date: Nov 2006
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