Hopefully the Georgia case will finish before the election, but I’ve heard some lawyers speculate that for a RICO case with so many defendants, that’s wishful thinking.
Because on the chance that Trump actually wins the election before the case is over, he would be virtually guaranteed to get a special break.
he would be virtually guaranteed to get a special break.
There is no legal mechanism, Federal or State, that would permit that to happen. You can’t even be pardoned in GA without serving most of your sentence.
This is the opinion that I heard expressed by Glenn Kirschner. That if Trump was elected, there would be some special agreement between Georgia and the federal government to defer his sentence until he was out of office. Maybe I’m misunderstanding you, but it seems like you’re suggesting that Trump would be serving as President while in a Georgia prison cell. Is that what you’re saying?
Situations like this are what the 25th Amendment is for.
Glenn is just guessing. Fani Williams has plainly stated multiple times that she’s not going to favor Trump & she’s the one that would be making any deals related to his sentencing.
The provision of the 25th Amendment that I believe you’re talking about requires the vice president and the majority of the cabinet to agree, but those people are literally all chosen by the president. Based on Trump’s past behavior and recent comments, it’s likely that he’d only choose people for these positions who swore a personal oath of loyalty to him. So, they’d be unlikely to exercise that power.
Every single opinion about what would happen, including Glenn’s, and mine, and yours, is “just guessing”. This would be unprecedented.
As a prosecutor who appears to be excellent at her job in an adversarial system, Fani Willis is going to always present the situation in the light that she expects to get the best results.
In the end, my opinion, and that of at least some legal experts, which like you said is just a guess, is that practicality would require an agreement between the Georgia state government and the federal government to allow the office of the president to function properly.
Hopefully the Georgia case will finish before the election, but I’ve heard some lawyers speculate that for a RICO case with so many defendants, that’s wishful thinking.
Because on the chance that Trump actually wins the election before the case is over, he would be virtually guaranteed to get a special break.
There is no legal mechanism, Federal or State, that would permit that to happen. You can’t even be pardoned in GA without serving most of your sentence.
This is the opinion that I heard expressed by Glenn Kirschner. That if Trump was elected, there would be some special agreement between Georgia and the federal government to defer his sentence until he was out of office. Maybe I’m misunderstanding you, but it seems like you’re suggesting that Trump would be serving as President while in a Georgia prison cell. Is that what you’re saying?
Situations like this are what the 25th Amendment is for.
Glenn is just guessing. Fani Williams has plainly stated multiple times that she’s not going to favor Trump & she’s the one that would be making any deals related to his sentencing.
The provision of the 25th Amendment that I believe you’re talking about requires the vice president and the majority of the cabinet to agree, but those people are literally all chosen by the president. Based on Trump’s past behavior and recent comments, it’s likely that he’d only choose people for these positions who swore a personal oath of loyalty to him. So, they’d be unlikely to exercise that power.
Every single opinion about what would happen, including Glenn’s, and mine, and yours, is “just guessing”. This would be unprecedented.
As a prosecutor who appears to be excellent at her job in an adversarial system, Fani Willis is going to always present the situation in the light that she expects to get the best results.
In the end, my opinion, and that of at least some legal experts, which like you said is just a guess, is that practicality would require an agreement between the Georgia state government and the federal government to allow the office of the president to function properly.
I fail to see how that is Georgia’s problem. The vice president takes over when the President has an incapacity.
Even more reason for him to pull out all the stops to ensure his term never ends.
Except they can choose just to fine the offender.