If Trump really is falling into a deep mental decline, what are the legal implications of that?

[Silent3]

First off, I have to say there have been many times in the past I thought Trump had already totally lost it, but he's somehow managed nevertheless to stay just within outer reaches of what passes for mental competence, enough so that drugs and personal handlers can keep him going.

If Trump really does go fully off the deep end in the next few months, however, badly enough that his enablers can't even pull of a "Weekend at Bernie's" charade, what happens to all of the pending indictments?

Would Trump being declared mentally unfit to testify on his own behalf throw a wrench into the works, ending not only the chance of legal accountability, but preventing the historical importance of demonstrating that Trump, or any other President, should never be considered above the law?

[1WorldHope]

1. That is a frighteningly good question.

[Walleye]

2. Classic catch 22. He would have to say he's crazy, and if he does that just proves he's trying to survive, not crazy

[snowybirdie]

3. I'm struck with

the dilemma of wondering if he's wildly incompetent with dementia or if he's a cunning strategic politician coming up with all these plans to win the election. Can't be both.

[SoFlaBro]

4. He wasn't a fucking imbecile when he was doing all that fuck shit. "Sound" mind when he was fucking up.

[orthoclad]

5. Reagan served for years while

non compos mentis.
Trump's handlers would just take over, like they did with Reagan, and everyone would jst say "That's just Trump being Trump". Like they do now.

[Retrograde]

8. Wilson's wife covered up some of his strokes

It's said that Edith Wilson pretty much ran the country during his last year.

[Silent3]

9. But Reagan wasn't so obvious impaired while campainging

I'm talking about the kind of mental decline that would very obviously stunt Trump's ability to campaign, happening soon enough to matter both for the coming election AND his outstanding indictments.

[ificandream]

6. If he keeps doing things like mistaking Nikki Haley for Nancy Pelosi, I think the question will answer itself easily.

People are already noticing his mental decline. I'm sure right-wing terrorists will find some excuse to go after both Biden and Harris. But Biden is such a gentle guy whereas Trump is a pompous ass. His decline will be more noticeable and will be quick. And then there's the Repughs who can't stand him, and I think there are quite a few of those.

[Johonny]

7. I assume his VP will form a coup attempt

But his cabinet will/may be loyalish.

[Silent3]

11. As I said to another poster, I'm talking about something soon enough to thwart Trump's election...

...as well as his participation in upcoming trials.

If Trump were elected, his mental capacity would be a moot point. Trump or his handlers will end all Federal prosecution regardless. And I doubt the state of Georgia would be able to do a damn thing against Trump if he were again in the White House, for as long as he remained there.

[CrispyQ]

10. They're frantically looking for a "Dave" stand in, but can't find anyone stinky or vile enough to convince the base.

That's my opinion & I'm sticking with it.

[Vogon_Glory]

12. Is it mean to hope that Melania or DJT's kids file

For legal conservatorship a few weeks before Election Day?

[canetoad]

13. Intriguing post

I can't see who would declare him not mentally fit, so looked it up.

The steps in declaring an individual as mentally incompetent are as follows:

1. File a form to declare a person as incompetent before the Probate Court having jurisdiction over the area where the subject of the petition resides. This form shall include an application to be declared as a court-appointed guardian.

2. In filing the petition, the aid of a mental health or guardianship lawyer is beneficial to the petitioner. The retained counsel shall assist the petitioner in the gathering of supporting documents or evidence to strengthen your petition.

3. There must be a psychological evaluation of the person subject of the petition to be conducted by a medical practitioner. If the person sought to be declared as incompetent does not comply with a voluntary evaluation, a court order must be requested, by way of filing the proper motion, before the probate court.

4. The result of the psychological evaluation must be submitted with the application form to the Probate Court which shall proceed to determine whether or not there is sufficient ground to declare the subject as incompetent. The Probate Court shall also determine whether or not the person seeking to be appointed as guardian is suitable. The petitioner may be required by the court to post a bond with the help of financial insurance companies. The posting of the bond is required for the purpose of protecting the property and other interests of the individual sought to be proclaimed as incompetent.

5. Petitioners may have some difficulty in looking for bonding companies or insurance companies that may post bond for him. This may be due to poor credit history or criminal history. Here, your guardianship lawyer may be of help.

6. If the subject of the petition is an adult, the petitioner must contact the adult protective services which shall conduct an investigation. This is mandatory even if the petitioner does not seek to be appointed as a guardian.
https://thelawdictionary.org/article/how-to-legally-declare-someone-as-mentally-incompetent/

[Silent3]

16. I take it if Trump doesn't himself want to be declared incompetent, that an adversarial process...

...takes longer. Probably long enough, I'd guess, to not delay any of Trump's trials... unless a pending competency challenge itself becomes a reason for delays?

All of this is moot, of course, as long as Trump can be propped up until the election, and then, deities forbid, wins. Then he'll both never be convicted nor be declared incompetent. His corrupt handlers would make sure of that, and run the show with Trump as a figurehead kept out of public view as much as necessary.

I'm more curious about Trump declining so much and so soon that he can't win the election, or possibly declining greatly after losing the election for other reasons. Then what?

Would incompetence to stand trial become Trump's final get-out-of-jail-free card?

I wonder about this not only for the petty fact that I dearly want to see Trump suffer for his crimes, but because the country desperately needs to demonstrate that people like Trump can and will be held accountable.

If Trump loses touch so far that he's considered incompetent to stand trial, the whole country loses a much needed clarification of the limits of abuse of power.

[jmowreader]

14. As to the trials...

If he turned out to not be competent enough to go to trial, wouldn’t they just install him in a hospital prison like FMC Devens until he was judged either competent to stand trial or he died?

There is the SLIGHT possibility that he’s acting nuts in an attempt to get out of charges, but I fear the truth is that he really is irreparably damaged.

[Silent3]

15. How often is anyone sent to a hospital trial without being declared guilty first in a courtroom?

While I believe Trump is truly a dangerous menace, with actual lives at risk if he regains power, he's not himself violently assaulting people, so I doubt he's the kind of person you can legally lock up in a prison, hospital prison or not, without first finding them guilty.

And if you aren't mentally competent to stand trial, I don't think you can be convicted of a crime. Can you be locked up until declared competent to hold you until trial? I don't know, but I suspect only when a trial for a violent crime is pending.

Besides, if Trump is losing it, it's almost certainly a one-way trip, not something that you could wait out until he's someone once again considered competent.