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Prosecuting Caesar always struck me as a bad idea. Perhaps an ideal, extremely robust democracy could get away with it. At present, I don't think the US is it.
Let’s assume he is guilty, and let’s also assume that 30-40% of the country doesn’t believe he is (apparently 85% of republicans don’t think he should be prosecuted). Shouldn’t a hypothetical, nationally representative jury, nullify the charges?
I too am annoyed by loose threats of terrorism, such as ‘if you don’t give young men sex/poor people money/if you police black people/etc, they will rise up’, but Carlson’s prediction of violence is justified here. If the ballot box and the jury box fail (edit: I forgot, perhaps the most egregious of all, also denied the soapbox when democrats cheered when he was kicked off twitter), what box do they have left? They are, ultimately, a large faction of armed men (like the democrats). Their power to inflict violence should be respected (and democracy, at heart, very much respects it). Their opponents do not have to accede to their every demand, but they should definitely refrain from putting their leader in prison. It constitutes a direct challenge to the war-making potential on which their political power rests, and as such invites the battle democracy is supposed to avoid.
I agree with this. It’s both a strategic mistake and a grave political failure to use the courts to target Trump now.
Unless it works. If it's crazy and it works, it's not crazy.
How can it work? It’s clear a conviction wouldn’t remove him from the ballot, so electorally it wouldn’t work, and any loss from being arrested and being unable to campaign would likely be made up by the zealotry of his supporters and any number of GOP politicians (including the VP pick) being invited to campaign on his behalf.
How is that clear? The recently rejected suits were about a pre-conviction determination.
I’m going by the New York Times from last month:
Is the New York Times wrong?
And one or more states doesn't bother "passing legislation requiring a clean criminal record… on legally shaky ground," but just says "Trump's been convicted, so we're not putting him on the ballot; the Republican party can either submit a different name to go in their 'guaranteed spot' or else we leave it blank"? Sure, a court will probably rule that this is illegal and unconstitutional… eventually.(And who enforces that ruling, anyway?) But if you time it right, you can probably have that decision only come after the election, and then what? (Or, failing that, come well after ballots are printed and too close to election day to print new ones.)
The electors can elect whomever they want though, right -- so just throw a placeholder in there, mobilize the base (have rallys with him & Trump, etc to make the situation clear) and then the (Republican) electors throw their votes to Trump.
Calls for faithless electors to save democracy didn't work so well the last time, though. Hillary lost five of them, which she didn't need.
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