OA809: Will This One Weird Trick Keep Trump Out of the White House? (Part 1)
Added 2023-09-20 07:47:14 +0000 UTCIn this Episode, Andrew and Liz outline the issues underlying the recent law review article by Professors Will Baude and Michael Stokes Paulsen suggesting that Trump can be disqualified from the Presidency by virtue of Section 3 of the 14th Amendment.
After that, the two return to the linkroll to discuss the many, many developments in and around Trumpworld, including whatever happened to that guy Ray Epps that Tucker Carlson insists is a federal agent plant? (Hint: he's not.)
In the Patreon bonus, Liz and Andrew describe the sad legal trevails of David Shafer, cosplay elector.
This is a free post on Patreon.
Notes
OA 35
https://openargs.com/oa35-emoluments-clause-wseth-barrett-tillman-part-1/
OA 36
https://openargs.com/oa36-emoluments-clause-wseth-barrett-tillman-part-2/
Baude & Paulsen, “The Sweep and Force of Section Three”, 172 U. Pa. L. Rev. (forthcoming 2024)
https://deliverypdf.ssrn.com/delivery.php?ID=995103073068092081092071118086002065023073053045056031120084030066073022088005028078011036036121038023044082013118012025083101019006033017032126091082092002112010046001043008098085115025107069005116107119092023024116117112126020097081101012025127123&EXT=pdf&INDEX=TRUE
In re Griffin (Griffin’s Case), 11 F. Cas. 7 (1869)
https://law.resource.org/pub/us/case/reporter/F.Cas/0011.f.cas/0011.f.cas.0007.html
US v. Ray Epps docket
https://www.courtlistener.com/docket/67807327/united-states-v-epps/
Anna Bower, On Clerks and Caimans: Jeffrey Clark’s Removal Hearing
https://www.lawfaremedia.org/article/on-clerks-and-caimans-jeffrey-clark-s-removal-hearing
Comments
I really do feel for the Trump employees. I've been a desperate employee, manipulated by a narcissist. When you only have 3 months rent and you are scared to go back home or of falling into skid row; You have to suffer. I spent 4 months knowing I would be let go because I couldn't escape.
Fame and fortune guaranteed in the state of Tintucky
2023-09-23 01:27:17 +0000 UTCI did not know that about Musk and the color yellow 😆
C’mon
2023-09-22 16:23:46 +0000 UTCIf we are going to be the side that cares about the laws and using proper language, let's all please stop saying "the raid on Mara-Lago". It makes me twitchy every time I hear it, even if it's meant to be tongue-in-cheek. It was a legally obtained search warrant, approved by a judge based on evidence, and we should be calling it that.
Therese Chan
2023-09-21 18:56:13 +0000 UTCHey guys, I’ve been hearing “is POTUS an officer of the government” talk from a lot of legal podcasts this week — and I haven’t heard anyone bring up article 2 about POTUS as commander in chief and the Impeachment clause, just as a couple examples. The part I’m wondering about in ArtII.S4.1 states that “The President, Vice President and all civil Officers of the United States, shall be removed from Office….” Isn’t that right there saying the president and VP are civil officers? “AND ALL CIVIL OFFICERS” seems like it can be interpreted that way at the very least. In ArtII.S2.C1 the pertinent text I’m wondering about is “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States…” Wouldn’t this role obviously be an officer of the US? If not specifically a military officer, what else would we call a commander in chief if not an officer of the US? Thanks as always
Jawn Cur
2023-09-20 15:43:40 +0000 UTC
