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Trump may be disqualified from holding public office.

By Curt_Anderson
August 9, 2022 1:55 pm
Category: Crime

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18 U.S. Code § 2071 - Concealment, removal, or mutilation generally
U.S. Code
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(a)Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b)Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.


Cited and related links:

  1. law.cornell.edu

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Comments on "Trump may be disqualified from holding public office.":

  1. by oldedude on August 9, 2022 2:02 pm
    If proven, that's a relief for at least two of us. I don't know what the rest of you will do.

    Oh. yeah. He'll still live in your head.


  2. by HatetheSwamp on August 9, 2022 2:13 pm

    Jonathan Turley pointed out at the Constitution dictates the means through which a President may be removed from office. It's unlikely that Congress has the authority to add to the Constitution. Turley said that the Supreme Court would quickly shoot that down.


  3. by Curt_Anderson on August 9, 2022 2:18 pm
    What Turley said is irrelevant to this issue. Trump wouldn't be removed from office. He'd be barred from office if convicted of taking classified documents.


  4. by HatetheSwamp on August 9, 2022 2:20 pm

    If the people elected, Congress, apparently, has no authority to prevent him from serving.


  5. by Curt_Anderson on August 9, 2022 2:30 pm
    HtS,
    Other than what I posted in the opening post I don't know much about the law or how it's enforced. I don't know how somebody is barred from holding public office. I imagine that a disqualified person couldn't be listed on the ballot. I know that former Confederates were barred from elective office.

    Practically, do you think that the GOP or even Republican voters would want a presidential nominee who has the potential of being disqualified from holding office?


  6. by HatetheSwamp on August 9, 2022 2:37 pm

    My sense of people on the right, as of today,GOPs are universally outraged and, at the moment, can't wait to shove Trump in the Dems' faces.

    BTW, my understanding is that Turley is addressing a Separation of Powers issue. The legislature is absolutely able to regulate itself. But, not the Executive Branch.


  7. by Curt_Anderson on August 9, 2022 3:33 pm
    If Trump were convicted of violating laws governing the mishandling of classified documents, his rivals in the primaries might have something to say. Every state runs their own elections. His rivals could challenge in the state courts Trump's eligibility to appear on the primary ballot. Being excluded from just one or two states could scuttle Trump's chances at the nomination.

    Btw, the FBI investigation into former Secretary of State Hillary Clinton’s mishandling of classified information resulted in no criminal charges.


  8. by HatetheSwamp on August 9, 2022 3:45 pm

    We're getting pretty far into the Former Truck Driver's term to think that Trump will be tried and convicted and his appeals exhausted by the 024 Primary season.

    My sense is that short of incontrovertible evidence that Trump sent the Proud Boys into the Capitol to scalp Nancy Pelosi, half of GOP primary voters will vote for Trump. Many GOPs are extremely cynical about the Swamp and really, really hate it.


  9. by oldedude on August 9, 2022 4:37 pm
    And this is just proving their point.

    I think it's interesting that all the stuff you got from the whackos is actually coming true. I'm really not looking forward to the 7 years of famine. The worst part is having to fight your way through it.


  10. by Curt_Anderson on August 9, 2022 4:43 pm
    "I'm really not looking forward to the 7 years of famine." --OD

    Agreed!


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