WHAT NOW?

Chapter I.

One of my correspondents pointed out this morning that it appears that someone at the New York Times reads my blog--or at the very least I am a week ahead of them. But the knot is so tight, the Times effort to unravel it failed. 

In my March 22 blog, I pointed out the difficulties that would occur were Trump elected president in 2024 and convicted before inauguration. I referred to the arguments we made when sitting vice president, Spiro Agnew was the subject of a federal criminal investigation. In the blog I noted we argued:

"Imagine you convict him and the court sentences him to prison. He would still be the vice president of the United States, even though he was in jail." (There were enough Republican votes to block impeachment.) Would the Vice President still have Secret Service protection in the slammer? Would he get detailed confidential intelligence briefings in the event the president died and Agnew had to take over the reins of government? If the president died before Agnew's sentence were completed, would Agnew continue to be in jail, as president? (At that time there were no memos, or DOJ policies, concerning the prosecution of the president. And even if there were, they wouldn't cover the situation we project here, especially if the conviction were by a state court."

A week later (March 31) this appeared in the NYTimes:

'"Even more extraordinary complications would arise were Mr. Trump to be convicted and incarcerated and yet elected anyway. One possibility is that he could win a federal court order requiring his release from state prison as a result of a Constitutional challenge. [Notice the NYT writer cites no legal proposition that would support such a result. (See Amendment X which provides "The powers not delegated to the United States by this Constitution… are reserved to the States… .)"'

The Times continues: "Another [escape for Trump] is that upon the commencement of his second term, he could be immediately removed from office under the 25th Amendment as “unable to discharge the powers and duties of his office.”' [Hah. That's assuming that despite the electoral outpouring for Trump, i) the Democrats retained a majority in the new senate which took office on Jan 3) and that Democratic body rejected all of Trump's January 20 cabinet nominations, and ii) the new vice president turned against the guy who gave him the veep job! [Because under the 25th Amendment, it takes a majority of the cabinet plus the vote of the vice president to pry the president from behind that famous Resolution Desk.] (Irrelevant question: At the end of his second term, would Trump take the Resolution Desk to Mar-a-Lago, crammed full of confidential papers? Answer: Of course he would.)

Even Dishonest Sam (Alito) would have trouble untying this knot, though I have little doubt he would do what it takes,-- no matter how outrageously dishonest -- to spring the Great Grifter from the hoosegow.

Chapter II

The next question on everyone's lips is what happens when Trump gets arraigned? Of course, the judge is not going to send him to Riker's. But is he going to let him go back to Florida? Is he going to order an ankle bracelet? Is he going to lift Trump's passport? Is he going to impose any travel restrictions?

Yours truly, who hasn't been sworn in to a seat on a judicial bench yet, would not impose any of the foregoing, but would add these:

"First and foremost, Mr. Trump: No more threats, direct or indirect. You will lose your pre-trial freedom If you even hint at threatening a prosecutor, or a witness or encourage others to do so. And so there is no mistake, I am telling you now that encouraging mob action because of this prosecution will be considered by me to be a threat to public safety. Any such action by you or others at your suggestion or encouragement is going to result in revocation of your bail and your immediate commitment to Riker’s Island. 

Second, I read in the press that If I permit you to return to your Florida residence instead of your New York residence, the Governor of Florida is threatening to violate Article 4, Section 2 of the US Constitution by obstructing your extradition to this state. I have no jurisdiction over Governor DeSantis but I do over you. Therefore you will remain in custody here in New York pending a written pledge, satisfactory to the District Attorney, signed by you under oath, that you will return promptly when this Court requires. I am sure Mr. Bragg’s team will find someplace in their quarters comfortable for you while the lawyers work out those details and produce the paper for you to sign.  

We are adjourned."

A bientot.

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