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In reply to the discussion: Trump can't run for POTUS in 2024. [View all]brooklynite
(96,882 posts)40. "I don't have the exact statute in front of me"...because it doesn't exist.
The obligations to run for President are set in the Constitution. No Statute can override or expand on the Constitutional requirements.
The only exception, also in the Constitution, is he 14th Amendment, Article III:
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
I'll first observe that the Amendment calls out House and Senate, but doesn't call out the Presidency. "Any office, civil or military" could be argued to refer to an appointed or employed Government official, rather than an elected one.
Second, the 14th Amendment provision requires "engaged in insurrection or rebellion", which does apply to the Presidential records issue, or "given aid or comfort to the enemies thereof" which requires proving 1) Trump gave records to a foreign entity. and 2) that entity was an "enemy". The first has yet to be proven, and the likely recipients (Russia, Saudia Arabia) are not, legally speaking, enemies of the US.
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Unless he's convicted before the deadline to announce. He can and will be a candidate in '24.
Runningdawg
Aug 2022
#1
They actually only said they would stop paying if he announces his run before the midterm.
Claustrum
Aug 2022
#5
There is a specific statue under the espionage or one of the 3 statue people talked about
Claustrum
Aug 2022
#6
I said in another response of mine that he likely won't get convicted even before 2024.
Claustrum
Aug 2022
#17
Point is sarisataka wrote "accused" in post 7 & you read "convicted". Italics there for emphasis. nt
Bernardo de La Paz
Aug 2022
#61
"holding any office under the United States" is understood to refer to appointments or hiring...
brooklynite
Aug 2022
#42
office which does not apply to the presidential office. The requirements are outlined in
Demsrule86
Aug 2022
#73
It won't matter. He is 35 or above, he is a natural born citizen and he has live in this country
Demsrule86
Aug 2022
#31
The constiutional provisions have nothing to do with legislation. Thus the 14th won't
Demsrule86
Aug 2022
#52
The constitution clearly outlines what is required...the three things I discussed before...
Demsrule86
Aug 2022
#72
And if he's still nominated, and is on the ballot, who is going to challenge it?
onenote
Aug 2022
#63
That is not true. The constitution outline the requirements for running and serving for president.
Demsrule86
Aug 2022
#29
"I don't have the exact statute in front of me"...because it doesn't exist.
brooklynite
Aug 2022
#40
That part of the statute does not and can not apply to the office of President.
Imperialism Inc.
Aug 2022
#56
Classified or not classified is NOT the issue. And breaking the law(s) is not enough
Bernardo de La Paz
Aug 2022
#59