Questioning the legitimacy of this election, on no evidence, is a sure way to lose the next one. Trump won a closely contested election because tens of millions of people voted for him, who are going to vote again. Let's fight that fight instead of trying to game the referee.
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People have given insufficient thought to the consequences of a court trying to sanction a popular President who has no scruples about defying normal rules of conduct. This isn't high school, where the principal comes in and punishes the bullies. We need to win elections.
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The presumption of innocence isn’t in play here. The presumption you should be thinking of is no one may be the judge of their own case.
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By extension, no one should pick the judge in their own case. Whether or not Trump is innocent, it is patently likely that there will be litigation personally affecting him that comes before the SC (and that will affect whether Congress can impeach him.)
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I don’t think the argument turns on whether the election itself was illegitimate (for the record I do not *really* believe it was) it’s more about whether the degree of suspicion gives Congress the moral authority to delay. this does not violate presumption of innocence
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the fact that the justices might be involved in his trial is just one factor among many in that larger question
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To be honest, it probably would be better to do the term limit thing for Justices, so at least either side of the political spectrum doesn't have this existential fear of one side magically dominating the court for a generation based on luck.
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I think the outsized power of the Supreme Court is really a symptom of Congressional abdication of duty. The Court for years now has been doing half the work of the legislature. Fix that and the problem gets better.
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They also vested the Senate with the right to consult and confirm supreme Court nominee. The argument that impeachment is the one and only sanction available is artificial, and ultimately harmful to the balance of power between branches.
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I'm not making that argument, either. I agree with you that Senators have power here that they should use.
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