Opinion | Why a Law, Not Jail, Might Be the Best Way to Keep Trump Out of the Oval Office

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Opinion: Congress has a powerful tool at its disposal to hold former officials such as Trump accountable. And it might be more effective than any potential criminal prosecution.

of using this part of the Constitution to do what impeachment ultimately failed to do — permanently bar Trump from holding elected office. But that option seemed to lose some of its appeal as Republicans and Democrats resumed their partisan crouches and major domestic legislative initiatives took center stage.

The tricky question for Section 3 of the 14th Amendment concerns implementation: What legislation could Congress conceivably pass that might successfully operate, in Cheney’s words, “to ensure that Donald Trump is not the Republican nominee and that he certainly is not anywhere close to the Oval Office ever again”?

Hemel correctly points out that any new law would likely be challenged as an unconstitutional “bill of attainder.” Article I, Section 9 of the Constitution bars Congress from effectively convicting a person of a crime and imposing a sentence through legislation — that’s the role of prosecutors and judges in the executive and judicial branches, respectively. The same constitutional provision bans so-called “ex post facto” laws that criminalize conduct retroactively.

 

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Your organization is nothing but an arm of the Democrat party. Not a single insurrection charge levied against the rioting protestors. ZERO. But you know that, the point is to create a narrative for the Democrat party. It’s not working.

Whatever. Just do it!

with a biased and packed scous, any law is only temporary until influenced to rule unconstitutional. duh.. felonies require pardons.. let's do both and more.

Obama had a powerful tool. It was called the FBI. And he used it to tap journalists phones, raid their homes, and put the fear of God into people like you so you would never cross the Democrat Party ever again. I see you still live in fear & write to please him.

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Yes, we should use political power to put all past politicians in jail. It worked in Russia, Cuba, Venezuela, and many, many other countries. Brilliant idea.

Lost my respect for Politico once they gave their soul to the Democrat Party. If you posted one real story the entire media empire would bury you.

It's like you still fear Obama may still call the FBI and raid your homes if you don't capitulate. Do you still wince when a Democrat raises their hand?

You would love to see anyone from the opposition placed in prison wouldn't you? Your publication is as old in thought as burning witches at the stake.

We should not be engineering our laws to keep certain people out of office. This is tyranny, and there will be hell to pay if they think the American people will stand by and watch.

What is wrong with some americans these days...its called having a election and letting the people decide who they want...how difficult is that. Its like america is doing a 180 on freedon and liberty these days...

One million new Covid cases a day. Inflation and Covid are killing 🇺🇸 America not January 6. Biden is to blame.

Propaganda alone like that of 1/6 select committee is counterproductive.

Why Fox had Cruz retract, “No person shall..hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath...to support the Constitution of the United States, shall have engaged in'insurrection' or rebellion against the same.

Ridiculous Congress has a lot to do than to dedicate their time with non sense

Congress should fix the fuk in mess it made and stop worrying about the past president

Yeah…the Senate has a tool too…ask Joe Manchin🙄

I dont care who, someone put this criminals in jail

You've all been after Trump for 5 years. Democrat operatives even tried to remove a duly elected president using the phony claim that he colluded with Russia to steal the 2016 election. Now you're trying to cover for that dirty, dangerous deed by erasing Trump.

Was a protest. Write about the BLM Riots that killed 47 people

Compared to the anti-American and anti-constitutional stuff Biden is doing Trump was a godsend!

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He needs to make restitution for all the money he bilked America for his hotels he misused as President.

Try this: Who's Trump's 1 ally in the world? How bout the man leaving him to fuel insurrection he launched out of fear of jail. So all you mainstream news folks & Dem pols who never challenge Garland for not indicting him on Mueller, NY & Georgia cases, are also his allies. YES?

Kimberly Wehle takes anti Trump lawfare to brain damage levels - read all about it on this garbage clickbait website.

They are so scared of Trump, they know americans are smart and have seen all of his words come true while the media called him a crazy,paranoic and conspiracy theorist, clock is ticking, tic tac toc.

Sounds like the J6 committee has nothing

fails to evidence a crime. There's plenty of evidence that Trump-Russia collusion hoax was a conspiracy between the Obama DOJ, Democrats, and the anti-Trump media. YOU need to be held accountable.

THAT WOULD BE A MISUSE OF THE LAW

Jail sounds fine to me…

THE GOOD NEWS IS, THE MID TERM ELECTIONS ARE COMING UP. WE GAVE DEMOCRATS AN OPPORTUNITY BECAUSE TRUMP IS ORANGE AND MADE MEAN TWEETS. NOW WE REALIZE THAT SOUND POLICY IS MORE IMPORTANT THAN LIKEABILITY.

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