• A Phlaming Phoenix@lemm.ee
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    1 year ago

    Lawyers of Lemmy, let’s say he gets stuck with a fine or some trivial amount of jail time or something as a result of these charges. Is there anything about these crimes or punishments that would prevent his presidential candidacy?

    • RojoSanIchiban@lemmy.world
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      1 year ago

      Not a lawyer, but related to multiple and helped one study for the bar, so I know basically jack shit, but Section 3 of the 14th amendment:

      No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, 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. But Congress may by a vote of two-thirds of each House, remove such disability.

      In short, no.

      We need the Jan 6th indictment and a conviction under the insurrection act US code 2383

      Also those indictments for Jan 6th in the DC federal jurisdiction are expected any second now.

        • RojoSanIchiban@lemmy.world
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          1 year ago

          Yeah, the reason I still say ‘no’ is that the espionage act charges don’t necessarily involve aiding enemies, because it can (and has) been violated purely by possessing and disseminating NDI documents to people not authorized, which we actually do have evidence for.

          If there was compelling evidence of classified+ info being given to Putin, for example, then I’d forget bothering with the trials and go polish up the guillotine.

          Definitely entertained by the online meltdowns by the idiot in chief either way.

    • jordanlund@kbin.social
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      1 year ago

      Nope. The only charges that might potentially block him are the ones related to January 6th, but at this time we don’t even know what they are.

    • BassTurd@lemmy.world
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      1 year ago

      IANAL, but no. Even if he is found guilty and faces hard time, he can still be President. It would take Congressional action under the 14th amendment to prevent it, but a judge could still over rule that theoretically.

      • RGB3x3@lemmy.world
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        1 year ago

        It’s a messed up system we have that someone convicted of so many felonies could still be president and hold the highest security clearance in our country.

        A person should not be able to be president if they’ve been convicted of a felony. I don’t mind misdemeanor convictions, especially if the served time, but felonies are a whole other level.