If Trump is convicted but wins the 2024 election

[Senator-elect Spark]

What would be the procedure for a President to govern from prison?

[Ferguson97]

He would probably get away with pardoning himself for the federal charges, but I assume that this question is more geared towards the state-level charges.

The real answer is that this would be completely uncharted territory, and we'd probably see something that is effectively a prison break/"just try and stop me" kind of thing.

[Sir Mohamed]

He would probably get away with pardoning himself for the federal charges, but I assume that this question is more geared towards the state-level charges.

The real answer is that this would be completely uncharted territory, and we'd probably see something that is effectively a prison break/"just try and stop me" kind of thing.

Yup. The GA case would almost certainly lead to a constitutional crisis. The question is whether any cabinet officials will be confirmed by the senate on January 20 or shortly after. Then the cabinet could pull the 25th Amendment and make the VP an acting prez until the legal disputes are resolved one way or another.

Said cabinet members must be senate confirmed though, if my reading is correct. Just acting caretakers can't participate in a 25th Amendment vote.

[Amenhotep Bakari-Sellers]

Obviously, Biden. LOL DO USERS KNOW IF Brown WINS IN OH MCCAIN CONCEDED THE EDAY ITS Theoretically Over ONCE WE WIN OH THATS HOW IMPORTANT It's FOR Brown TO WIN, ITS OVER SHOULD CASEY WIN BUT TRUMP WILL BE FORCED TO CONCEDE WHEN BROWN GIVES BIDEN OH

And Biden was on the same ticket as Obama I. 2008/12

That's why I am donating to Brown, users say Brown is Doomed he hasn't lost a GE poll yet and on Facebook it has Ehr and Brown leading not Kunce or ALLRED

Ehr or Powell can defeat Scott but it's gonna come in after midnight and Brown and Casey as Slotkin are gonna win first and Trump is gonna concede

[Ban Birth Control]

The House Democrats would introduce Impeachment on day 1 if the 25th Amendment fails.

[Skill and Chance]

He would probably get away with pardoning himself for the federal charges, but I assume that this question is more geared towards the state-level charges.

The real answer is that this would be completely uncharted territory, and we'd probably see something that is effectively a prison break/"just try and stop me" kind of thing.

Yup. The GA case would almost certainly lead to a constitutional crisis. The question is whether any cabinet officials will be confirmed by the senate on January 20 or shortly after. Then the cabinet could pull the 25th Amendment and make the VP an acting prez until the legal disputes are resolved one way or another.

Said cabinet members must be senate confirmed though, if my reading is correct. Just acting caretakers can't participate in a 25th Amendment vote.

At 12:01 PM on 1/20/2025, wouldn't his first act be to order the national guard to free him, arguing that federal law, which allows him to live in the WH and exercise the powers of the presidency supersedes any state law to the contrary?  If any state/local officials in NYC or Atlanta resist, treat it as equivalent to secession from the Union and direct federalized national guard to remove them from office?

*This assumes that Trump has clearly won the election and that military leaders would follow Trump's orders without question.

[Vosem]

My assumption is that if he is convicted in Georgia, and then wins the election, he would simply be unilaterally pardoned by Kemp. (My guess is that this happens whether he wins or not, actually). The more interesting question might be someplace like New York.

He would probably get away with pardoning himself for the federal charges, but I assume that this question is more geared towards the state-level charges.

The real answer is that this would be completely uncharted territory, and we'd probably see something that is effectively a prison break/"just try and stop me" kind of thing.

Yup. The GA case would almost certainly lead to a constitutional crisis. The question is whether any cabinet officials will be confirmed by the senate on January 20 or shortly after. Then the cabinet could pull the 25th Amendment and make the VP an acting prez until the legal disputes are resolved one way or another.

Said cabinet members must be senate confirmed though, if my reading is correct. Just acting caretakers can't participate in a 25th Amendment vote.

At 12:01 PM on 1/20/2025, wouldn't his first act be to order the national guard to free him, arguing that federal law, which allows him to live in the WH and exercise the powers of the presidency supersedes any state law to the contrary?  If any state/local officials in NYC or Atlanta resist, treat it as equivalent to secession from the Union and direct federalized national guard to remove them from office?

*This assumes that Trump has clearly won the election and that military leaders would follow Trump's orders without question.

Members of the legislative branch are privileged from arrest, and members of the judicial branch can order themselves released in principle, but Trump does not have the authority to order the National Guard to go and release a prisoner, even if that is himself.

My guess is that he would sue the state in federal court to get himself released to exercise the powers of the Presidency, and the matter is appealed to SCOTUS very quickly. The pro-Trump way to read Article II would just be looking at Section I, Clause I ("the executive Power shall be vested in a President...chosen...as follows"); if he has to be chosen as follows and he has been chosen in that manner, then the executive Power vests on him at that moment and presumably he is released as a matter of executive privilege (here meant in a broader way than referring to just communications, but just referring to whatever privileges are necessary to actually fulfill the powers of the office). The anti-Trump way would be to look at Clause 6 and just note that if the President is unable to exercise the powers of his office, those powers devolve on the Vice President (whoever Trump picks). My guess is that the first interpretation would be adopted, partially because this is a right-wing Supreme Court, but also partially because that would defuse a constitutional crisis immediately rather than letting it fester, and a Trump who has just won an election would have some form of democratic mandate.

[I spent the winter writing songs about getting better]

My assumption is that if he is convicted in Georgia, and then wins the election, he would simply be unilaterally pardoned by Kemp.

He can't be.

[Skill and Chance]

My assumption is that if he is convicted in Georgia, and then wins the election, he would simply be unilaterally pardoned by Kemp. (My guess is that this happens whether he wins or not, actually). The more interesting question might be someplace like New York.

He would probably get away with pardoning himself for the federal charges, but I assume that this question is more geared towards the state-level charges.

The real answer is that this would be completely uncharted territory, and we'd probably see something that is effectively a prison break/"just try and stop me" kind of thing.

Yup. The GA case would almost certainly lead to a constitutional crisis. The question is whether any cabinet officials will be confirmed by the senate on January 20 or shortly after. Then the cabinet could pull the 25th Amendment and make the VP an acting prez until the legal disputes are resolved one way or another.

Said cabinet members must be senate confirmed though, if my reading is correct. Just acting caretakers can't participate in a 25th Amendment vote.

At 12:01 PM on 1/20/2025, wouldn't his first act be to order the national guard to free him, arguing that federal law, which allows him to live in the WH and exercise the powers of the presidency supersedes any state law to the contrary?  If any state/local officials in NYC or Atlanta resist, treat it as equivalent to secession from the Union and direct federalized national guard to remove them from office?

*This assumes that Trump has clearly won the election and that military leaders would follow Trump's orders without question.

Members of the legislative branch are privileged from arrest, and members of the judicial branch can order themselves released in principle, but Trump does not have the authority to order the National Guard to go and release a prisoner, even if that is himself.

My guess is that he would sue the state in federal court to get himself released to exercise the powers of the Presidency, and the matter is appealed to SCOTUS very quickly. The pro-Trump way to read Article II would just be looking at Section I, Clause I ("the executive Power shall be vested in a President...chosen...as follows"); if he has to be chosen as follows and he has been chosen in that manner, then the executive Power vests on him at that moment and presumably he is released as a matter of executive privilege (here meant in a broader way than referring to just communications, but just referring to whatever privileges are necessary to actually fulfill the powers of the office). The anti-Trump way would be to look at Clause 6 and just note that if the President is unable to exercise the powers of his office, those powers devolve on the Vice President (whoever Trump picks). My guess is that the first interpretation would be adopted, partially because this is a right-wing Supreme Court, but also partially because that would defuse a constitutional crisis immediately rather than letting it fester, and a Trump who has just won an election would have some form of democratic mandate.

If Republicans control both houses of Congress, couldn't they just pass a Reconstruction Act of 2025 applying to whichever state was detaining Trump to allow this and other reforms?

That having been said, good to know there would more likely be a quick and peaceful resolution to this at SCOTUS instead of Reconstruction 2.0.

*I know this improbably assumes 60 R senators or that they would end the legislative filibuster to do this.

[DrScholl]

The Governor of Georgia does not have pardon power so that's a non-starter.