Law Talk With Epstein, Yoo & Senik cover image

Law Talk With Epstein, Yoo & Senik

Question Time!

Sep 22, 2023
Professors Epstein and Yoo answer listener questions, exploring the possibility of a president serving from prison, the state of abortion law post-Dobbs case, the influence of writing skills on Supreme Court justices, the impact of Trump on the Supreme Court, and the importance of Gias's Institutes in understanding Roman law.
01:11:02

Podcast summary created with Snipd AI

Quick takeaways

  • The question of whether Donald Trump can fulfill his duties as president while in prison raises complex legal considerations, including the application of the federal doctrine of preemption.
  • The 14th Amendment's provision on barring individuals from holding federal office based on insurrection or rebellion is unlikely to apply to the presidency without federal government involvement.

Deep dives

Consequences of Conviction and Presidential Election

If Donald Trump is convicted and sentenced to jail time but still wins the 2024 presidential election, it raises the question of what happens. While pardon laws in Georgia are restrictive, it is unlikely that the relevant question is whether he can be pardoned or not. Instead, the relevant question is whether he can fulfill his duties as president while in prison. The federal doctrine of preemption suggests that he would need to be released from prison to fulfill his federal term and then potentially resume his position afterwards. The same analysis would apply to federal convictions and whether they disqualify a president from holding office. Ultimately, impeachment and high crimes and misdemeanors would be the more appropriate grounds for disqualification, rather than imprisonment.

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