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Cake day: June 18th, 2023

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  • There’s no black letter law on this. Just the 80s DOJ memo. But that memo is based on an analysis of the constitution and relevant cases.

    Consider the reasoning in Trump v. US; Justice Kavanaugh’s past statements on the presidency; the way Trump got sentenced to a general discharge in the New York case; and the way the Colorado challenge to his 2024 candidacy was disposed.

    Given all that, I don’t see how a real case would come out differently than the memo. At the very least, you gotta make it a D president with this SC.



  • See Trump v. United States.

    There are some restrictions. Immunity extends only to “official acts” committed while he is the President.

    Concurrently, Trump cannot be prosecuted for crimes while he is sitting in office, but he can be prosecuted after he leaves for non-official acts, and for actions that occurred when he was not in office.

    All of the above applies to the regular criminal prosecutions. But impeachment also exists along side. There are basically no rules on what you can charge in impeachment. And it doesn’t invoke double jeopardy with a potential criminal case either.




  • For one thing there will be no Jan. 6 event in 2027. That’s for the President and Vice president election.

    The newly elected Congress people will be sworn in and take their seats on Jan. 3, 2027. Certificates of election are transmitted directly from the states to the clerks of the two chambers. I can’t find any current procedure in the house or senate to challenge the validity of a certificate of election in Congress.

    In the house, all members, even incumbents, are technically newly elected to a 2 year term. They must all vote for and elect a speaker before they can do anything else. The old Speaker and house leadership are not in office as of Jan. 3, 2027, so there is no role for them.

    New rules require majority approval and a quorum.

    Blocking democrats from reaching the chamber is not going to confer any legitimacy on the resulting proceedings. First, Congress was and still is fiercely protective of its speech and debate privilege from arrest. Doubtful you could get enough to go along with such an abrogation. Second, both chambers need at least half their members present to hold a quorum to do business. If they manage to arrest enough to deny a (rightful) majority, I recommend that democrats should also deny a quorum to underscore just how sham the sham proceedings are.

    Finally, even if the above steps still fail, Constitutional amendments need 3/4 of state legislatures to agree after 2/3 of both chambers. Good luck with that.



  • The procedural issues on this third bill are crazy.

    In the federal system, all felonies must be charged by indictment. The prosecutor can do a felony complaint, but that only allows them to arrest someone and potentially hold in jail for up to 30 days while they go get an indictment. Bills of information can only be used if the defendant agrees to it, and that is usually part of a plea deal together with a guilty plea.

    So these new chucklefucks filed an unwaivered information on October 5, 2026, for a crime that allegedly occurred on October 5, 2016. Ten years to the day, on a 10 year statute of limitations.

    They can’t even get an indictment in time.