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Title: What do you think?
Source: knuckledraggin.com
URL Source: http://knuckledraggin.com/2016/08/what-do-you-think-comments-please/
Published: Aug 11, 2016
Author: Staff
Post Date: 2016-08-11 14:30:26 by Stoner
Keywords: None
Views: 3438
Comments: 22

Here’s a very scary thought…………..

I had to take my vehicle to the mechanic the other day for service. The Service Manager, Pete, gave me a ride home and on the way he told me his theory about the upcoming election and the next four years of U.S. government. At first I thought it a bit far fetched. But as I listened to him it began to make sense, scary sense… “I believe that Hillary Clinton will win the election in November,” Pete began. “Then, sometime between November and January, Hillary will be indicted. The IRS is now investigating the Clinton Foundation and the whole e-mail thing isn’t over yet.” “Once under indictment she won’t be able to assume the Office of the President in January. Tim Kaine, who will not actually be the Vice President because neither he nor Hillary have been inaugurated, cannot assume the Presidency.” “The Speaker of the House can’t move up to it because there is already a sitting President and Vice President. So President Obama, in an Executive Order citing “emergency situation,” gives himself another four years in office is the only way possible.” Pete believes Obama has been planning this for a while now, knowing he has enough on Hillary to indict her. Had the Attorney General indicted her based on evidence from the FBI this plan wouldn’t have worked because the DNC would have quickly come up with another candidate If you think about it, it’s not that outrageous. Many people on the left, including the President, want Obama to stay another four years. The law prohibits him from being re-elected so the only ways he can do it is by declaring martial law and suspending the election (which would be a very negative thing for the country) or to declare himself still President because the elected candidate cannot assume her duties. The latter makes more sense and is actually more feasible. And since it’s never been done before, it would set a precedent that would be difficult to challenge. Of course, if Trump wins the election none of this is going to happen. But what if Pete is correct? Four more years of Obama and a mostly useless Republican House and Senate would give Obama the time he needs to continue destroying changing the country to fit his stated goals. I thanked Pete for the ride home – and for messing up my day. Now I’ve got more things to worry about.


Damn, that is a scary thought. What do you all think ?

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Begin Trace Mode for Comment # 16.

#8. To: Stoner (#0)

What do you all think ?

I think it's nutty.

There is nothing in the Constitution that prevents an elected President from taking the oath of office and assuming the office just because he or she is under indictment.

There is this belief that somehow indictment stops the process. It's similar to the belief that if the elected President is not trustworthy, that he or she could be denied a security clearance.

These beliefs are fantasies.

The elected President is inaugurated on January 20th. Nothing can stop that but death or incapacitation. If she were indicted, then she'd fight the indictment and the case while President. If Congress were to impeach, it could do so. In fact, if she were indicted and convicted, should could not be removed from office WITHOUT an impeachment. She could not be put in jail or any such thing. Nobody has the authority to walk up and arrest the President, and the Secret Service would detain anybody who tried. Law enforcement does not have the authority to walk past the Secret Service.

The situation might provoke a constitutional crisis, but Hillary would take office and be removed later. Impeachment couldn't be gotten going in that amount of time.

It cannot happen this way.

She'd take office, and the investigation would proceed. If convicted, she would serve her time in office and only check into prison afterwards, unless she were impeached and removed from office. You can't stick a sitting President in jail for a criminal offense. You have to remove her by impeachment first.

Vicomte13  posted on  2016-08-11   17:16:16 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Vicomte13, Stoner (#8)

She'd take office, and the investigation would proceed. If convicted, she would serve her time in office and only check into prison afterwards, unless she were impeached and removed from office. You can't stick a sitting President in jail for a criminal offense. You have to remove her by impeachment first.

I believe a sitting President would be immune from criminal process. This immunity does not apply to the Vice President.

I would expect a rapid impeachment and removal, followed by prosecution (or a resignation and pardon).

A Sitting President's Amenability to Indictment and Criminal Prosecution, Justice Department, Office of Legislative Counsel, October 16, 2000.

At 260:

In 1973, the Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers. No court has addressed this question directly, but the judicial precedents that bear on the continuing validity of our constitutional analysis are consistent with both the analytic approach taken and the conclusions reached. Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution.

RANDOLPH D. MOSS
Assistant Attorney General
Office of Legal Counsel

https://www.justice.gov/sites/default/files/olc/opinions/2000/10/31/op-olc-v024-p0222.pdf

nolu chan  posted on  2016-08-11   18:28:44 ET  Reply   Untrace   Trace   Private Reply  


#10. To: nolu chan (#9)

That's right. Indicting her will not stop her from taking the office or serving.

And impeaching her may be possible, but removal impossible: Republicans will not have anywhere close to the 67 vote two-thirds majority necessary to remove her.

No Democrats will vote to remove her.

Hillary Clinton cannot be impeached and removed from office, because Democrats close ranks and they do not turn on their own. They also close ranks in the Supreme Court.

There are four liberal justices on the Supreme Court, and they vote in lockstep on every major liberal Democrat issues. Hillary Clinton will install the fifth, and the Supreme Court will uphold every major executive action she takes.

With control of the Supreme Court, and the inability of Congress to ever remove her, Hillary will rule by Executive order and force march the country, fast, into her set of priorities. She will use power to the fullest, and accomplish her goals, just as FDR did.

And, even moreso than FDR, a key goal of Hillary will be to ensure that the Republicans can never, ever return to power, and that their grip on Congress is pried lose.

This is easy to do: Justice Department orders, backed by the Supreme Court: BOOM felons in every state can vote in federal elections - equal protection, Democrat style.

Motor Voter BOOM. ID laws struck down nationwide: BOOM. The Democrat ranks swell by several percentage points of ex-cons and fraud.

Quick path to amnesty by Executive Order. BOOM! Lots more Hispanic Democrat voters in four years.

Student loan coverage by the feds. The march towards single payer. IRS and FEC takedowns of Koch. FCC takedowns of Fox.

With Hillary in power and a liberal Democrat Supreme Court for the first time in half a century, the blitzkrieg from the Left will be fast, furious, total, and victorious.

This was never true in past elections, because the Supreme Court did not hang in the balance. Now it does.

If the Republicans do not close ranks around Trump, it's all over but the shouting.

Vicomte13  posted on  2016-08-11   18:53:03 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Vicomte13 (#10)

A modest proposal. What would you think of Trump/GOP (SuperPAC?) just buying the TV time, inviting Johnson (Libertarian Party) and Stein (Green Party), and boycotting debates by the "independent" commission that has scheduled two out of three presidential debates opposite an NFL football game?

They could even invite Hillary, but I doubt she would want to appear with Johnson and Stein. If he could get on the stage, Johnson (and perhaps Stein) might siphon off enough votes to seriously affect the election outcome, in favor of who is a good question. The GOP and Dem leadership would probably have a coronary.

nolu chan  posted on  2016-08-11   19:23:49 ET  Reply   Untrace   Trace   Private Reply  


#13. To: nolu chan (#12)

I think that Trump should stay firm on the course he is on.

Vicomte13  posted on  2016-08-11   19:41:07 ET  Reply   Untrace   Trace   Private Reply  


#16. To: Vicomte13 (#13)

[Vicomte13 #13] I think that Trump should stay firm on the course he is on.

At #11, you said If the Republicans do not close ranks around Trump, it's all over but the shouting. I tend to agree with that, and it does not appear that the GOP party leaders have any motivation or intention of closing ranks around Trump. The GOP leaders are still trying to figure out how to defeat Trump and not get slaughtered down ticket.

The last four polls show Trump behind by only about 4½ points (6,5,4,3 - in order). That's pretty good after the massive media attack. A little more assistance from his email benefactor could do it.

nolu chan  posted on  2016-08-11   22:15:35 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 16.

#17. To: nolu chan (#16)

The GOP leaders are still trying to figure out how to defeat Trump and not get slaughtered down ticket.

It is very important that they get slaughtered down-ticket if they don't close ranks around Trump.

The question is: Who Will Be Master? Will it be Donald Trump? Will it be Hillary Clinton? Or will it be the donor class of the Republican Party?

If the donor class, to reassert their dominance over the GOP, manage to hold onto Congress, they will have won, for Congress does have the latent power (not yet exercised) to de-fund the government, refuse to accede to Hillary's court appointments, investigate and impeach, and generally stop Hillary from doing what she will do (or Trump, for that matter, if he's elected and Congress doesn't feel beholden to him).

Therefore, it is of paramount importance - more important than beating Hillary Clinton, actually, that IF the donor class keeps the Republicans divided and refuses to form ranks around the People's choice - Trump - that the Republicans lose it all, particularly the Senate.

The Republicans must be faced with the choice of Donald Trump, and the imposition of a new philosophy on the party OR Hillary Clinton and Democrat socialism. There can be no "safe harbor" of authority into which they can retreat and rebuild.

It has to be Waterloo, where the GOP either wins, or they lose it all.

That's the only way for the threat to be existential enough for the GOP grandees to accept defeat and sit down and submit to the bulk of the Republican people.

If they still think that they can play the game of divide and conquer, then we need unitary socialist government under a vengeful Hillary Clinton, who will use the FBI and the IRS to investigate and destroy the wealthy Republicans who are the power base of the GOP.

Vicomte13  posted on  2016-08-12 12:32:23 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 16.

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