Category: The President

constitutional law, The President

U.S. security sit. : To avoid a situation on Wednesday 12:00 noon: Legal advice to the crew of Air Force One (which Trump would be boarding this Wednesday morning)

      As everyone knows, the U.S. President’s term automatically expires this Wednesday at 12:00 noon by operation of law whether or not the oathtaking is finished or not. (If, God forbid, the oathtaking is not finished, it lapses into a temporary vacuum … well, not a vacuum but  a succession line; there is no holdover po.).
       Unprecedentedly, instead of allowing the jet to be on standby for any emergency for the would-be new President on Wednesday, Trump is going to use it to fly to Mar-a-Lago Resort in Florida.
        Here is the legal advice to the U.S. AF pilot and crew on Air Force One:
        1.Make sure  not  to deviate from the flight plan.
       2.Any instructions from Trump to deviate from the flight plan or to cause you to be still airborne at 12:00 noon Wednesday should  not  be followed. (Just politely say it would  result in a situation that would not be tenable and that would be contrary to law)
       3.It would be easier to escort Trump off the jet on or before 12:00 noon Wednesday if  it  is  already on the ground.
       4.You would find that it is useful and beneficial for everyone concerned for the jet   not  to be airborne at 12:00 noon Wednesday as  it  is inconvenient  to  strap  Trump with  a  parachute.
       See video below for instructions:

 

constitutional law, News, The President

Trump invokes free speech. But first off, impeachment time management: Accessory penalties notwithstanding (perpetual disqual), Impeach Court has 115 hours from now or 52 hours from Monday, else, face jurisdictional issues. There is this neat, old trick to solve this however … (read thru the end)

   tap the play arrow (if on mobile device, click “Listen in browser”) on the Soundcloud pod below to play the immortal, non-time-bound plaint…

 

     Trump invokes free speech as defense in impeachment articles (abuse of power etc). But first off, impeachment time management : Accessory penalties notwithstanding (perpetual disqualification), the US Impeachment Court needs to finish and decide within 115 hours from now or 52 hours from Monday 8am or else, the decision will be assailed on jurisdictional grounds. There is this neat, old trick to solve this however … (read thru the end)
       Based on news reports: Trump’s defense in his impeachment case (“abuse of power” and “obstruction of Congress” as culpable violations of the Constitution) is that: his “incitement”, which may have led to the DC riot, was “protected speech” (a First Amendment issue).

       Note however that this is an impeachment proceeding based on how the President discharged the functions of his office – not a criminal case, and not a case of being priorly restrained or being censored.

     But first off: The impeachment court, if it does not finish and decide by 12:00 noon of Wednesday, January 20, 2021 (the automatic expiration of the term of the President) — when Trump is no longer President —  would obviously face jurisdictional issues : No President  to convict anymore.

      Proponents  argue that the impeachment court would not be ousted of jurisdiction beyond the term of the President because there is an accessory penalty of perpetual disqualification from office.
      It is an accessory penalty. The accessory dies with the principal penalty.

     Fine.  If you want to — go ahead. Gather your constitutional law experts to argue that the impeachment court with no President  to convict stands on accessory penalties. 

     Should such an accessory penalty be imposed in a conviction decision handed down after 12:00 noon of Wednesday (when there would have been jurisdictional issues), Trump, later on, if he is minded  to run for office again, would try to get a ruling from the Supreme Court, in a proper case, that such a decision, handed down after 12:00 noon of Wednesday, was made by an impeachment court that no longer had jurisdiction, thus, void.

     The impeachment court therefore has 115 hours from now or 52 hours starting Monday 8am to finish and decide.

      The Trump lawyers are expected to try to dribble the ball upcourt and downcourt, left-court and right-court.

      Tick-tock.

     My legal advice to you to obviate any jurisdictional issue is:
     1.Chop-chop.  52 hours.  Go.
      Or…
     2.Second alternative legal advice but don’t quote me on this : There is a neat, old trick of freezing the congressional clock in legislation. You might want to look into this.  (don’t say i said this)

(File photo: from the archives)