Does mishandling presidential records bar Donald Trump from the presidency?

Still not caught up.


Gilead

Donald Trump

Coup attempt

It looks to me like the argument that Donald Trump could not be barred from the presidency for mishandling presidential records because the qualifications for the presidency, which say nothing about criminal conduct, are set forth in the Constitution, overriding any statute, is the stronger argument. But I am not a lawyer and I guess there’s an argument to be made.[1]

Jonathan Capehart, “Liz Cheney is the Obi-Wan to Trump’s Darth Vader,” Washington Post, August 8, 2022, https://www.washingtonpost.com/opinions/2022/08/08/liz-cheney-obi-wan-kenobi-trump-darth-vader/

Eric Tucker and Michael Balsamo, “Trump says FBI conducting search of Mar-a-Lago estate,” Associated Press, August 8, 2022, https://apnews.com/article/donald-trump-mar-a-lago-government-and-politics-9e8d683afe87389407950af7ccfdbdd6

Devlin Barrett et al., “Mar-a-Lago search appears focused on whether Trump, aides withheld items,” Washington Post, August 9, 2022, https://www.washingtonpost.com/national-security/2022/08/09/trump-fbi-search-mar-a-lago/

Julia Ioffe, “Defund… the F.B.I.?” Puck News, August 9, 2022, https://puck.news/defund-the-f-b-i/

Perry Stein, “Garland vowed to depoliticize Justice. Then the FBI searched Mar-a-Lago,” Washington Post, August 9, 2022, https://www.washingtonpost.com/national-security/2022/08/09/garland-trump-raid-politics/

Steve Peoples, “GOP rallies around Trump following FBI search of his estate,” Associated Press, August 10, 2022, https://apnews.com/article/gop-rallies-around-donald-trump-a0f20a219b1090fd02f529acf744f246

Amber Phillips, “What could the Mar-a-Lago search mean for Trump legally?” Washington Post, August 10, 2022, https://www.washingtonpost.com/politics/2022/02/07/what-is-presidential-records-act-how-did-trump-violate-it/


Gig economy (neoliberal wet dream)

‘Rideshare’ driving

I’m not sure how the companies were supposed to meaningfully screen drivers for COVID-19 at the beginning of their shifts and there were certainly limits to what they could do about passengers who refused to wear masks.[2] I think what this complaint really shows is the disconnect between the workplace protections that are supposed to be afforded workers and Uber and Lyft’s entire business model.

Chase DiFeliciantonio, “Uber, Lyft facing fines for failing to provide drivers with proper COVID-19 protections,” San Francisco Chronicle, August 9, 2022, https://www.sfchronicle.com/tech/article/Uber-Lyft-facing-fines-for-failing-to-provide-17362972.php


  1. [1]Amber Phillips, “What could the Mar-a-Lago search mean for Trump legally?” Washington Post, August 10, 2022, https://www.washingtonpost.com/politics/2022/02/07/what-is-presidential-records-act-how-did-trump-violate-it/
  2. [2]Chase DiFeliciantonio, “Uber, Lyft facing fines for failing to provide drivers with proper COVID-19 protections,” San Francisco Chronicle, August 9, 2022, https://www.sfchronicle.com/tech/article/Uber-Lyft-facing-fines-for-failing-to-provide-17362972.php

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