Friday, October 2, 2020

Corona Daily 310: Something Positive about Donald Trump

 


This morning Donald Trump tested positive. In my article dated 18 June, I had raised the possibility of the virus playing an assassin if power-hungry candidates become reckless during the campaign. Trump is tested daily. As is well known, the cunning covid virus enters the host first, symptoms appear only later. We will need to wait until the next week to understand the gravity of the infection. Trump and Biden are high risk - jointly they have lived for more than 150 years. Trump is obese and information about his medical conditions may be locked up in the same safe where his tax returns are.

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What happens if Trump becomes severely ill?

Trump can invoke section 3 (amendment 25), by sending a written declaration to the Congress appointing Mike Pence as an acting president. When Trump recovers, he can send another letter, and take charge again. Reagan (1985) and junior Bush (2002/2007) invoked this section before their colonoscopy operations.

Section 4 (amendment 25) allows Pence and the cabinet to inform Congress about Trump being incapacitated, physically or mentally. Funnily enough, if invoked because of Trump’s mental disorders, Trump can contest. And the Congress must vote him out by a two-thirds majority. But if Trump is on a ventilator or deeply sedated this section will be invoked, and Pence will become the acting president.

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What happens if Trump dies?

There are four important dates that create different scenarios. (I will refrain from using the word deadline). 3 November/ 14 December/6 January and 20 January.

3 November is the voting date to elect the President, the Senate and the House of Representatives. It is the big day. But the American system is bizarre, people vote directly, but they don’t elect. They send electors from the state (in proportion to the state’s size) to vote for the president.

14 December: is when the electors will vote. By convention, they must vote as directed by the people.

6 January: Congress, the newly elected and not the lame-duck Congress, will count the electoral votes and declare the winner. At this point Trump or Biden would become a president-elect.

20 January: With the inauguration, the president will assume office.

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If Trump were to die before 3 November, the Republican Party National Committee will replace him with another candidate. It doesn’t have to be Mike Pence. (Same with Biden, Democrats will nominate another candidate).

There is no precedent. In 1912, James Sherman, a vice-presidential candidate died six days before the election. His name was simply removed from the ballot. However, his ticket lost the election, requiring no further action.

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If Trump wins, but dies before 14 December, it creates crisis and chaos. Laws of several states compel the electors to vote for the winner, but voting for a dead person is not really fashionable. The electors may agree to replace the dead man with the Vice-president, but they may not. It will likely end up in the courts.

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If Trump wins, but dies between 15 December and 6 January, Congress may refuse to count the votes given to a dead candidate. If the president-elect, House of Representatives and senate belong to Republicans, the party may decide to elevate Pence to the president’s position, but it may not. After all, American people haven’t voted for Pence as a president.

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If Trump wins and dies any time after 6 January, 2021, before or after the inauguration, Mike Pence automatically becomes the president. Lyndon Johnson became one when John Kennedy was assassinated.

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Mike Pence/ Kamala Harris must hope and pray that Trump/ Biden don’t succumb to Covid until 7 January 2021. After that, either Pence or Harris has a good chance of becoming the President without anybody voting for them as such.

Ravi

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