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Andrew C Laufer, Esq @lauferlaw
, 6 tweets, 1 min read Read on Twitter
Regarding, what I and many others believe, are the coming unsealing of indictments against the President and whether he could remain in office thereafter or still absolutely require impeachment and removal before he can be removed, I believe an argument can be made that /1
he can be removed as a matter of law pursuant to Article II, Section 1, Clause 6. This is simply a theory. Art II, Sec 1, Cl 6 states the following:
Now the most interesting aspect of this Clause is “...or Inability to Discharge Said Powers and Duties of the Said Office....”. It doesn’t reference a physical or mental inability, just simply Inability. I posit that a criminal indictment and prosecution for a serious crime
act a an inability to ‘...Discharge the Powers and Duties...’ of the Presidency. There are no special provisions under Federal law that I’m aware of which would exempt the President from being prosecuted like any other person. Persons saying that he can’t be prosecuted like
any other criminal defendant bear the burden of that argument. /end
beginning of 4th paragraph *can act as...
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