Should Donald Trump run for President in 2024?
1. He took classified documents and stored them in unlocked rooms.
2. He had dinner with two known antisemitic men.
3. He is now talking about suspending the Constitution.
Should he disqualify himself? In 2020 he said Biden was too old to become President. If Trump is reelected in 2024, he will be five months older than the age Biden was in 2020.
Georgia DA’s full news conference on Trump’s indictment
Fulton County District Attorney Fani Willis (D) announced criminal charges for former president Donald Trump and 18 others on Aug. 14 in connection with effo...
V2 : https://www.instagram.com/reel/Cv-BUBRPa38/
The Trump Georgia Indictment, Annotated
By Alan Feuer, Luke Broadwater, Ben Protess and Jonah E. BromwichAug. 15, 2023
A grand jury in Fulton County, Ga., on Monday unveiled the fourth criminal indictment of former President Donald J. Trump. Like a federal indictment earlier this month, this one concerns Mr. Trump’s efforts to overturn his 2020 election loss. But it differs in that it charges 18 other defendants who are alleged to have taken part in the scheme.
The 41 Counts in the Georgia Indictment
22 counts
Related to forgery or false documents and statements
8 counts
Related to soliciting or impersonating public officers
3 counts
Related to influencing witnesses
3 counts
Related to election fraud or defrauding the state
3 counts
Related to computer tampering
1 count
Related to racketeering
1 count
Related to perjury
SOURCE 1 : https://www.nytimes.com/interactive/2023/08/15/us/politics/trump-georgia-indictment-annotated.html
SOURCE 2 : https://www.fultonclerk.org/DocumentCenter/View/2077/CRIMINAL-INDICTMENT
Indictments and Cases Involving Donald Trump
Donald Trump has been indicted 4 times in recent months.
All of the grand juries that decided to indict Trump were are made up of local citizens randomly chosen from the jury pool.
CRIMINAL CASES
Georgia Election Interference (State, GA):
On August 14, 2023, Donald Trump was indicted on 13 counts in Georgia state court, including under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Eighteen additional co-defendants have been named in this case, including Trump’s former Chief-of-Staff Mark Meadows, and his attorneys Rudy Giuliani and John Eastman. The allegations in the indictment revolve around these individuals’ efforts to overturn the will of voters and invalidate the results of the 2020 presidential election in Georgia.
Fulton County Georgia District Attorney Fani Willis conducted a years-long investigation into Donald Trump and others’ attempts to interfere with the results of the 2020 Georgia presidential election.
The indictment was based on the testimony of many witnesses, as well as the written recommendations of a Special Grand Jury, which reviewed evidence and interviewed dozens of witnesses over several months. The indictment focuses on (1) efforts to get Georgia officials to invalidate or nullify the will of Georgia voters, including by “finding” votes that did not exist, (2) the scheme to get 16 fake electors in Georgia to cast fraudulent electoral college votes for Trump, even though Trump did not win the popular vote in the state, (3) intimidating, harassing, and threatening Georgia elections workers based on false accusations and in an effort to influence their testimony as witnesses, and (4) tampering with county voting machines.
Certain defendants in this case – but not Donald Trump – have requested they go to trial quickly, and the judge set a trial date in October 2023 for one defendant. DA Willis has requested that the remainder of the defendants, including Donald Trump, go to trial in March 2024.
SOURCE : https://www.fultongrandjury.com/trump-indictments?gclid=CjwKCAjw3oqoBhAjEiwA_UaLts1I7NGWtTIK3Yrwib48S_mYMBHf4xmaOBlTkD8dDJorn-HTV7bWZBoC07wQAvD_BwE
TRUMP INDICTED | Fulton Grand Jury
Donald Trump has been indicted 4 times in recent months. Read more about each case.
How a Georgia prosecutor could target Trump and his allies
Fulton County, Ga. prosecutor Fani Willis is expected to begin presenting her case against former president Donald Trump and his associates this week. Here's...
1.) Why Georgia’s RICO law could be key in the state’s case against Trump
Here's a look at how the law works:
How would a law used against mobsters apply to Trump and his allies?
The federal Racketeer Influenced and Corrupt Organizations Act originated in 1970 as a tool to fight organized crime. The law enabled prosecutors to target people in positions of authority within a criminal organization, not just lower-level people doing the dirty work.
But its use was never meant to be limited exclusively to organized crime. The U.S. Supreme Court noted in a 1989 opinion that the law was drafted "broadly enough to encompass a wide range of criminal activity, taking many different forms and likely to attract a broad array of perpetrators."
Within a few years of the federal law taking effect, states began passing their own RICO laws. Generally speaking, RICO laws allow prosecutors to charge multiple people who commit separate crimes while working toward a common goal.
What does Georgia's RICO law say?
Georgia's RICO Act, adopted in 1980, makes it a crime to participate in, acquire or maintain control of an "enterprise" through a "pattern of racketeering activity" or to conspire to do so. It's important to note that the alleged scheme does not have to have been successful for a RICO charge to stick.
An "enterprise" can be a single person or a group of associated individuals with a common goal. "Racketeering activity" means to commit, attempt to commit — or to solicit, coerce or intimidate someone else to commit — one of more than three dozen state crimes listed in the law. At least two such acts are required to meet the standard of a "pattern of racketeering activity," meaning prosecutors have to prove that a person has engaged in two or more related criminal acts as part of their participation in an enterprise to be convicted under RICO.
READ MORE: Prosecutors start presenting 2020 Georgia election investigation to grand jury
The U.S. Supreme Court has said that federal RICO allegations must show continuity, that is to say a series of related underlying acts over an extended period of time, not just a few weeks or months. But the Georgia Supreme Court has made clear there is no such requirement in the state law.
Why use the RICO statute?
"I'm a fan of RICO," Willis said during a news conference in August 2022 as she announced a RICO indictment against more than two dozen alleged gang members.
Willis has said jurors want to know all the facts behind an alleged crime and that a RICO indictment enables prosecutors to provide a complete picture of all the alleged illegal activity. A narrative introduction allows prosecutors to tell a story that can include a lot of detailed information that might not relate to specific crimes but is relevant to the broader alleged scheme.
RICO charges also carry a heavy potential sentence that can be added on top of the penalty for the underlying acts.
In Georgia, it's a felony conviction that carries a prison term of five to 20 years; a fine of $25,000 or three times the amount of money gained from the criminal activity, whichever is greater; or both a prison sentence and a fine.
SOURCE : https://www.pbs.org/newshour/amp/politics/why-georgias-rico-law-could-be-key-in-the-states-case-against-trump
2.) 18 USC Ch. 96: RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
From Title 18—CRIMES AND CRIMINAL PROCEDURE
PART I—CRIMES
CHAPTER 96—RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec.
1961-Definitions.
1962-Prohibited activities.
1963-Criminal penalties.
1964-Civil remedies.
1965-Venue and process.
1966-Expedition of actions.
1967- Evidence.
1968-Civil investigative demand.
SOURCE : https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter96&edition=prelim#
3.) RICO (Racketeer Influenced and Corrupt Organizations Act) Statute - Implications for Organized Labor
NCJ Number 100617
Journal Labor Law Journal Volume: 36 Issue: 5 Dated: (May 1985) Pages: 281-291
Author(s)
G S Roukis;
B H Charnov
Date Published 1985
Length 9 pages
SOURCE : https://www.ojp.gov/ncjrs/virtual-library/abstracts/rico-racketeer-influenced-and-corrupt-organizations-act-statute#:~:text=The%20Racketeer%20Influenced%20and%20Corrupt,those%20engaged%20in%20organized%20crime.
4a.) 2020 Georgia Code Title 16 - Crimes and Offenses Chapter 14 - Racketeer Influenced and Corrupt Organizations § 16-14-4. Prohibited Activities
Universal Citation: GA Code § 16-14-4 (2020)
* It shall be unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money.
* It shall be unlawful for any person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity.
* It shall be unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (a) or (b) of this Code section. A person violates this subsection when:
1. He or she together with one or more persons conspires to violate any of the provisions of subsection (a) or (b) of this Code section and any one or more of such persons commits any overt act to effect the object of the conspiracy; or
2. He or she endeavors to violate any of the provisions of subsection (a) or (b) of this Code section and commits any overt act to effect the object of the endeavor.
(Code 1933, § 26-3403, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 1982, p. 1385, §§ 3, 9; Ga. L. 1984, p. 22, § 16; Ga. L. 2015, p. 693, § 2-25/HB 233.)
SOURCE : https://law.justia.com/codes/georgia/2020/title-16/chapter-14/section-16-14-4/
4b.) 2021 Georgia Code Title 16 - Crimes and Offenses Chapter 14 - Racketeer Influenced and Corrupt Organizations
* § 16-14-1. Short Title
* § 16-14-2. Findings and Intent of General Assembly
* § 16-14-3. Definitions
* § 16-14-4. Prohibited Activities
* § 16-14-5. Criminal Penalties for Violation of Code Section 16-14-4
* § 16-14-6. Civil Remedies
* § 16-14-7. Civil Forfeiture Proceedings
* § 16-14-8. Period of Limitations as to Criminal Proceedings or Civil Actions Under This Chapter
* § 16-14-9. Civil Remedies as Supplemental and Not Mutually Exclusive
* § 16-14-10. Recognition and Enforcement of Judgments of Other States; Reciprocal Agreements With Other States
* § 16-14-11. Venue
* § 16-14-12. Cases of Special Public Importance
* § 16-14-13. Through 16-14-15
Cross references.
- Organized Crime Prevention Council, T. 35, C. 7.
Law reviews.
- For article, "Georgia Racketeer Influenced & Corrupt Organizations Act," see 20 Ga. St. B.J. 34 (1983). For article, "Private RICO Litigation Based Upon Fraud in the Sale of Securities," see 18 Ga. L. Rev. 43 (1983). For article, "The Money Laundering Control Act of 1986: Will Attorneys Be Taken to The Cleaners?," see 24 Ga. St. B.J. 186 (1988). For article, "Georgia's Baby RICO Comes of Age," see 25 Ga. St. B.J. 153 (1989). For article on the Traps of Federal and Georgia RICO, see 28 Ga. St. B.J. 134 (1992). For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999). For annual survey of criminal law, see 71 Mercer L. Rev. 967 (2020). For comment, "The Pattern Requirement of Civil RICO: H. J. Inc. v. Northwestern Bell Telephone Co.," see 7 Ga. St. U.L. Rev. 111 (1990).
SOURCE : https://law.justia.com/codes/georgia/2021/title-16/chapter-14/
Bonus : Which states can do RICO charges?
Pennsylvania, Hawaii, Arizona, Florida, Rhode Island, Georgia, and Indiana have enacted RICO statutes, while such laws are pending in New Jersey, California, and Massachusetts. A wide variety of offenses are set forth under both the Federal and State definitions of racketeering activity.
SOURCE : https://www.ojp.gov/ncjrs/virtual-library/abstracts/federal-and-state-rico-racketeer-influenced-and-corrupt#:~:text=Pennsylvania%2C%20Hawaii%2C%20Arizona%2C%20Florida,State%20definitions%20of%20racketeering%20activity.
Trump has a dark past but voting for the other Republican Presidential or much less, Democrat liberals who are destroying this nation is PREFERABLE!
Conservative lawyers argue Trump is legally disqualified from holding office
Two conservative law professors who are active members of the Federalist Society have determined that, "If the public record is accurate, the case is not eve...
https://youtu.be/VlOksxijRSc
1.) Fourteenth Amendment Equal Protection and Other Rights
* Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
* Amdt14.S3.1 Overview of Disqualification Clause
SOURCE : https://constitution.congress.gov/browse/amendment-14/section-3/
2.) Disqualification from Public Office Under the 14th Amendment
Section 3 of the Fourteenth Amendment was originally intended to keep former Confederate officials from gaining power in the reconstructed government following the Civil War.
Known as the "disqualification clause," this section was fairly obscure until January 6, 2021, when supporters of then-President Donald Trump stormed the United States Capitol building.
The Fourteenth Amendment is better known for protecting civil rights. It grants citizenship to all people born in the United States, guarantees equal protection of privileges and immunities of citizens, and requires due process of law.
But the events of January 6th brought the disqualification clause into the spotlight.
What Is the Disqualification Clause?
Fourteenth Amendment, Section 3:
"No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof But Congress may by a vote of two-thirds of each House, remove such disability."
Frequently Asked Questions
What does the Constitution say about insurrection?
Section 3 of the Fourteenth Amendment prohibits anyone who has previously taken an oath of office (Senators, Representatives, and other public officials) from holding public office if they have "engaged in insurrection or rebellion" against the United States. This means, at least theoretically, that politicians who participate in or encourage a rebellion against the government can not only be removed from office but prevented from holding state and federal offices in the future. However, how disqualification works under the 14th Amendment has never been clear.
Could the disqualification clause prevent Donald Trump from running for president in 2024?
Theoretically, yes. Section 3 of the Fourteenth Amendment gives Congress the power to disqualify someone who has already held a public office from holding "any office" if they participate in an "insurrection or rebellion" against the United States.
But since this mechanism has never been used against a president, there are still questions to resolve.
The disqualification clause applies to current and former federal officials, state officials, and military officials. However, legal scholars are split on whether the disqualification clause applies to the presidency. It's likely the 14th Amendment will continue to come up in conversations approaching the 2024 presidential election.
Is disqualification different than impeachment?
Yes. Someone who is impeached could be disqualified from holding public office in the future if they are convicted, and Congress applies such a punishment.
But this is separate from disqualification under the 14th Amendment. Under Sections 3 and 5 of the Fourteenth Amendment, Congress could bar someone from holding office. But unlike an impeachment conviction, that decision could be overturned by the courts. Most importantly, under the 14th Amendment, disqualification requires only a simple majority vote, not the two-thirds vote needed to convict during an impeachment trial.
Related Resources
* What Happens When a President Is No Longer Fit to Serve?
* Yes, Trump Can Be Charged With Inciting a Riot
* Learn About the Law: Rioting and Inciting to Riot
SOURCE : https://constitution.findlaw.com/amendment14/annotation15.html
3.) 14TH AMENDMENT
Citizenship Rights, Equal Protection, Apportionment, Civil War Debt
Signing Details
SOURCE : https://constitutioncenter.org/the-constitution/amendments/amendment-xiv
Talk about being opinionated! I suppose you think that you are educated. You claim that I “think Biden holds any moral high ground.” When did I say that? Because I never did. Do you think those in a “senior position” must agree with you to prove themselves worthy? What if I say that accepting lies as truth is typical of a junior Soldier? Project Veritas did not publish the supposed diary of Ashley Biden because it could not be authenticated, but you obviously know more than a company that paid $40,000 for it. Even Trump’s 2020 presidential campaign refused to buy the diary. It’s too bad they didn’t have you on staff because you know so much more than everyone else. Come to think of it, many junior Soldiers do think they know everything. Based on your inane post, I don’t blame you for remaining anonymous.
Trump2024/2028
If you think Trump can run in both 2024 and 2028 (and presumably you think he will win each time), *you* need to know the real truths: according to the 22nd Amendment, “No person shall be elected to the office of the President more than twice.” FYI: my news source is the United States Constitution.