Donald Trump will not actually become President until January 20 of next year. And there are several things that can derail his Presidency and minimize the damage he can do.
First, he is facing a lawsuit for fraud in his management of Trump University.
Donald Trump Goes On Trial This Month
Donald Trump is scheduled to go on trial this month in a class-action lawsuit against him and his now-defunct Trump University, potentially taking the witness stand weeks before his inauguration as president of the United States.
U.S. District Judge Gonzalo Curiel, the Indiana-born jurist who was accused of bias by Trump during the campaign for his Mexican heritage, will hold a hearing Thursday on jury instructions and what evidence to allow at trial, which begins Nov. 28.
Among the flurry of requests from both sides to be considered Thursday is a highly unusual petition by Trump’s attorneys to exclude any statements made by or about their client during the presidential campaign. The request would apply to Trump’s tweets, a video of Trump making sexually predatory comments about women, his tax history, revelations about his private charitable foundation, and public criticisms about the judge in the case.
Trump’s attorney, Daniel Petrocelli, told the judge last month that evidence tied to the campaign would be irrelevant to the civil fraud case and may prejudice or inflame a jury, jeopardizing rights to a fair trial. He warned that allowing the jury to consider Trump’s remarks “carries an immediate and irreparable danger of extreme and irremediable prejudice to defendants, confusion of issues and waste of time.”
The lawsuit filed in 2010 on behalf of former customers alleges that Trump University, which was not accredited as a school, gave seminars and classes across the country that were like infomercials, pressuring people to spend up to $35,000 for mentorships and, in the end, failing on its promise to teach success in real estate. The claims mirror another class-action complaint in San Diego and a lawsuit in New York.
Petrocelli told reporters in May that Trump planned to attend most, if not all, of the trial and would testify.
“He has very, very strong feelings about this case,” Petrocelli said at the time.
At the May hearing, Petrocelli asked for a trial after Inauguration Day on Jan. 20, but the judge raised concerns about distractions if Trump won the election. The attorney said the period between the election and swearing-in is extremely hectic for a president-elect but that it was preferable to holding a trial during the campaign.
Also, he may still be tried for rape, though the charges filed against him earlier have been dropped:
Rape Lawsuit Against Donald Trump Dismissed — for Now
The plaintiff’s attorney says the lawsuit was will be refiled with information from a new witness.
Sep 19, 2016
Proceedings in a federal lawsuit filed in New York, accusing Republican presidential candidate Donald Trump of repeatedly raping a 13-year-old girl over 20 years ago at several Upper East Side parties hosted by convicted sex offender and notorious billionaire investor Jeffrey Epstein, have been voluntarily dismissed by the complainant.
A pretrial conference scheduled for 9 September 2016 was delayed, and on 16 September 2016, Thomas Francis Meagher, the attorney for the anonymous plaintiff (identified as “Jane Doe”), filed a Notice of Voluntary Dismissal without prejudice with the court.
However, that doesn’t mean the case is necessarily going away for good. According to Meagher, the plaintiff will be filing a new lawsuit. “An additional witness has been identified and her declaration will accompany the new complaint,” he said.
There are several options for how Donald Trump can be stopped legally.
- When the Electoral College (EC) meets to elect the President next month, they may choose to vote for Hillary Clinton to be President instead of Trump. This is plausible because she in fact DID win the popular vote. However, this will legitimize in the minds of Trump supporters that the election process is rigged against him and the protests against Trump by people on the left will be replaced by the RIOTING of people on the right. Plus, the extreme distrust and disrespect between the two major political parties means it might be unthinkable for Republican electors to vote for a Democrat, and the fact that many states legally bind members of EC to vote for whoever got the plurality of the popular vote in each state. I find that provision ironic. Finally, Hillary as President would still have to deal with a House of Representatives and a Senate controlled by Republicans, just as President Obama has.
- Trump can get elected by the EC, take office, and then face impeachment by the House of Representatives and then removal from office by the Senate, assuming he is convicted of any crime he has been charged with recently. This will also trigger extreme resentment from Trump supporters, plus Mike Pence would become President. In terms of political views, Pence is even worse than Trump, but at least he has political experience and a better character, so I can tolerate him for four years. He may drive the car of the USA in a totally wrong direction, but he won’t wreck it!
- Trump can resign to avoid impeachment. This is unlikely given his narcissistic character.
- By the provisions of the 25th Amendment to the U S Constitution, Vice President Mike Pence and most members of Trump’s own Cabinet may declare him unfit for the Presidency and persuade two-thirds of both houses of Congress to remove Trump from the Presidency and make Pence the Acting President.
At the federal level, Article II of the United States Constitution states in Section 4 that “The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” The House of Representatives has the sole power of impeaching, while the United States Senate has the sole power to try all impeachments. The removal of impeached officials is automatic upon conviction in the Senate. In Nixon v. United States (1993), the Supreme Court determined that the federal judiciary cannot review such proceedings.
The Founding Fathers established the Electoral College as a means of preventing “mob rule” over America. We see now that it can enable that mob rule just as easily.