General Discussion

FakeNoose

(40,826 posts)

56. Somebody suggested removing him by civil lawsuit

Thu Aug 23, 2018, 02:17 PM

Aug 2018

That would take it out of the criminal courts and political/impeachment realm altogether, would it not?

It would have to be done by a nonpolitical American organization with deep pockets, like the American Bar Association or similar. A civil lawsuit can be for reasons other than money damages, it can be to legally make something happen or stop something from happening. The civil courts have jury verdicts but it doesn't have to be unanimous, I think it just has to be a majority. (?)

The lawsuit could demand the resignation of Donald Trump, and show all the proof as reasons why he should resign. The burden of proof would be way lower for a civil case then it is for a criminal case.

Anybody else have ideas on this? I'm not a lawyer but I just read this suggestion in the last couple of days. I think it was on a twitter thread (or maybe it was on DU.)

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Robert Reich's proposal: ANNULMENT of Trump's presidency. [View all] Grasswire2 Aug 2018 OP

"The Constitution does not specifically provide for annulment...." mahatmakanejeeves Aug 2018 #1

We have to admit the Constitution is not perfect and fix it. brush Aug 2018 #24

There's a procedure for that. A few, actually, including one I'd rather not contemplate. NT mahatmakanejeeves Aug 2018 #26

I know it has to go thru state legislatures but we need to start raising the issue... brush Aug 2018 #33

You know,the Kochs are only a few states away from a constitutional WhiteTara Aug 2018 #112

Agree, it was written 231 years ago so the forefathers would not have been able to onetexan Aug 2018 #93

I know: we get to fix an amendment, they get to fix an amendmet. We don't need to "fix" the ... marble falls Aug 2018 #121

Fix, amend, adjust...whatever word choice we use we know the document... brush Aug 2018 #122

The Constitution did not say SCOTUS could pick wasupaloopa Aug 2018 #32

The Constitution does not say anything about same-sex marriage. mahatmakanejeeves Aug 2018 #34

...and they didn't brooklynite Aug 2018 #55

Not a problem. There are centuries of case law, SCOTUS decisions etc stopbush Aug 2018 #59

LOL. NO manor321 Aug 2018 #2

Post removed Post removed Aug 2018 #62

If you are referring to Reich, then yes and not the first time. grantcart Aug 2018 #80

Well... druidity33 Aug 2018 #107

For the rather obvious reason that using costitutional methods grantcart Aug 2018 #117

I think I was pretty clear... druidity33 Aug 2018 #120

Post removed Post removed Aug 2018 #109

+ struggle4progress Aug 2018 #91

I agree with this idea, but Quemado Aug 2018 #3

Yes, we wouldn't want to have a mess going on in our country. Crunchy Frog Aug 2018 #21

ha, ha, good one. triron Aug 2018 #37

Annulment is a very real possibility and it also hints at what would happen after Trump is indicted. underthematrix Aug 2018 #4

Annulment is not a very real possibility. It's total fiction. onenote Aug 2018 #123

We thought a Trump presidency... SergeStorms Aug 2018 #133

Not Really Cheviteau Aug 2018 #140

It's fiction because there is no "annulment" process in the constitution onenote Aug 2018 #143

I'm behind this 100%. ffr Aug 2018 #5

DITTO! BigmanPigman Aug 2018 #43

Are there limitations on what can be amended by constitutional amendment? Democrats_win Aug 2018 #6

through the amendment process almost anything is possible, including annulment unblock Aug 2018 #12

This... 2naSalit Aug 2018 #7

That statement isnt remotely true DetroitLegalBeagle Aug 2018 #25

Emotional response zipplewrath Aug 2018 #54

Yes, annulment is a fantasy. LuvNewcastle Aug 2018 #111

Thanks for the Republican Talking Point ignoring cheating, thievery, statistical voting abnormality bucolic_frolic Aug 2018 #66

Point out where any of that happened in the Electoral College DetroitLegalBeagle Aug 2018 #87

from whence do these magic Electors spring? Hermit-The-Prog Aug 2018 #134

thousands of shares and comments on his FB OP already Grasswire2 Aug 2018 #8

And if Grandma had balls, she'd be Grandpa. Dave Starsky Aug 2018 #9

It would provide an elegant and gracious solution to this madness cutroot Aug 2018 #10

Ignoring the obvious unconstitutional nature of this mythology Aug 2018 #11

Wishful thinking Tiggeroshii Aug 2018 #13

One way or another it needs annulment. Gorsuch retracted & Kavanaugh denied would be a start. Bernardo de La Paz Aug 2018 #14

Maybe indicting Trump would fast track to SCOTUS and this be the argument bigbrother05 Aug 2018 #15

Gorsuch should have to recuse himself at that point...nt 2naSalit Aug 2018 #27

Holding your breath for that to happen are you? WillowTree Aug 2018 #31

NO need for snark just because you don't agree...nt 2naSalit Aug 2018 #35

It's not a matter of not agreeing, and it's not a matter of snark. WillowTree Aug 2018 #47

Whatever. Have a nice day...nt 2naSalit Aug 2018 #125

if you had the votes, you could annul each action more directly. unblock Aug 2018 #16

It works for me. Vinca Aug 2018 #17

For me as well. calimary Aug 2018 #135

The country was defrauded. Courts have authority to enact remedies. I'd like to see Constitutional Cognitive_Resonance Aug 2018 #18

How was the Country defrauded? brooklynite Aug 2018 #48

I'm extrapolating a bit, but if you recall the Russian hackers indicted in February were charged Cognitive_Resonance Aug 2018 #85

Good idea. Crunchy Frog Aug 2018 #19

These suggestions of extra-constitutional ways to be rid of Trump get more hilarious all the time. WillowTree Aug 2018 #20

Never happen unless Democrats had a super-majority in both houses and a majority Nitram Aug 2018 #22

I'd bet money that it wouldn't even get past a Left-majority Supreme Court. WillowTree Aug 2018 #29

No, you're right. It's a silly idea. Nitram Aug 2018 #145

If it's not in the Constitution, it ain't happening. MineralMan Aug 2018 #23

After seeing one thread after another along these lines, I suspect that far too many DUers mahatmakanejeeves Aug 2018 #36

The people suggesting such stuff are not serious people who MineralMan Aug 2018 #45

Agreed Pacifist Patriot Aug 2018 #139

Even Donald Trump Nasruddin Aug 2018 #51

Kick dalton99a Aug 2018 #28

For the millionth time, it's not happening. bearsfootball516 Aug 2018 #30

Forget it, Jake; it's Chinatown. mahatmakanejeeves Aug 2018 #41

This is one of the more compelling arguments I've read on this subject. NurseJackie Aug 2018 #38

I think a more likely scenario is that Donald starts a war... Grasswire2 Aug 2018 #42

It may not happen, Mad-in-Mo Aug 2018 #39

We have to be realistic. cab67 Aug 2018 #40

Realistically, Nasruddin Aug 2018 #50

I don't disagree. cab67 Aug 2018 #115

I expect more sense from a former Cabinet official... brooklynite Aug 2018 #44

Yale Law, too. I looked it up. He really ought to know better. NT mahatmakanejeeves Aug 2018 #49

I agree duforsure Aug 2018 #46

Reich is Right Karadeniz Aug 2018 #52

The only way that Kavanaugh is not going to end up on the Supreme Court is mahatmakanejeeves Aug 2018 #53

Somebody suggested removing him by civil lawsuit FakeNoose Aug 2018 #56

Please cite the Constitutional passage that provides for this. WillowTree Aug 2018 #60

If the ACLU was dumb enough to,propose this, I'd cut off my financial support brooklynite Aug 2018 #82

Nothing would be more just than for... wundermaus Aug 2018 #57

Please cite the Constitutional passage that provides for this. WillowTree Aug 2018 #61

Since we have not crossed this bridge before... wundermaus Aug 2018 #84

And you think a Constitutional amendment could be drafted and passed before the 2020 election? WillowTree Aug 2018 #86

Dems have great ideas...and then Dems cripple each other with nit picking, Crutchez_CuiBono Aug 2018 #58

So you're saying you think the Constitution is a nit-pick? WillowTree Aug 2018 #65

I think i addressed that. Crutchez_CuiBono Aug 2018 #67

Where? WillowTree Aug 2018 #73

I made my "comment", This isnt a research site...its a discussion, take the good leave the bad Crutchez_CuiBono Aug 2018 #77

I always find it fascinating to watch. this thread itself is like a ping pong game - back and forth NRaleighLiberal Aug 2018 #69

Good Points. Don't know about annulment as GOP would still be in power (Congress). MarcA Aug 2018 #105

Although this is a huge stretch and will not happen but its does seem appropriate.. honest.abe Aug 2018 #63

This IS the CRUX of the matter!!! All Trump actions are illegitimate bucolic_frolic Aug 2018 #64

Because he was legally voted for by the electors. bearsfootball516 Aug 2018 #68

THere is no present mechanism to do something about that bucolic_frolic Aug 2018 #74

"We are not limited to what the Constitution permits, or to what it prohibits." Just.....shocking. WillowTree Aug 2018 #78

We aren't limited to what the Constitution permits? bearsfootball516 Aug 2018 #79

When you are not constrained by reality the solutions are unlimited inwiththenew Aug 2018 #70

"masturbatory fantasy"..........Gawd, that's sooooo appropriate! WillowTree Aug 2018 #75

Yes. Dopers_Greed Aug 2018 #71

I'm guessing something like this would require Liberalagogo Aug 2018 #72

Give that man an award. mysteryowl Aug 2018 #76

I agree The Liberal Lion Aug 2018 #81

don't forget the judges rolypolychloe Aug 2018 #83

How about we just arbitrarily change the Constitution? brooklynite Aug 2018 #88

This message was self-deleted by its author LanternWaste Aug 2018 #90

I'll listen to everyone pretending they know what they're talking about. LanternWaste Aug 2018 #89

If we can't impeach him...a well understood process fescuerescue Aug 2018 #92

"Overthrow and Revolution" sounds like what we've been experiencing for the last two years. FiveGoodMen Aug 2018 #94

In all seriousness no. fescuerescue Aug 2018 #132

Unless we're just in the early stages FiveGoodMen Aug 2018 #141

Almost as likely as ... PBC_Democrat Aug 2018 #95

Finally...a possible solution to a stolen election! But the S.Ct. won't allow it (Kavanaugh). nt Honeycombe8 Aug 2018 #96

NO PENCE! Not giving this guy a head start on 2020 elections. nt oasis Aug 2018 #97

Who would have the authority to declare it annulled? tclambert Aug 2018 #98

Wow. That's a whole lotta bullshit. Dr Hobbitstein Aug 2018 #99

Unfortunately, given the political sitation jimlup Aug 2018 #100

#AnnulmentNow for the sake of American democracy Achilleaze Aug 2018 #101

I recall annulment of a marriage House of Roberts Aug 2018 #102

Oh please vote humans!!!!! LakeArenal Aug 2018 #103

Pure fantasy, the constitution has what can be done, no such thing is possible and beachbum bob Aug 2018 #104

Best benefit would be no Pence in Oval Panich52 Aug 2018 #106

If only! If only we could reverse this stolen election and it's results. usaf-vet Aug 2018 #108

Let's just make things up as we go along proglib217 Aug 2018 #110

And I also want sarisataka Aug 2018 #113

yes!! TalenaGor Aug 2018 #114

Someone will bring suit on this next year bucolic_frolic Aug 2018 #116

Define a legal basis for a civil suit... brooklynite Aug 2018 #130

Who would have standing to sue? onenote Aug 2018 #144

Amen, erase this mess. Nt N_E_1 for Tennis Aug 2018 #118

I'm for trying it. It would be the quickest way to rid America of Trumps' illegal reign. nt ladjf Aug 2018 #119

And after this ridiculous "annulment" occurs (how?) who is president? onenote Aug 2018 #124

Good Idea Raphe M Aug 2018 #126

If/when Dems get control of Congress, demand such boldness. No more... Beartracks Aug 2018 #127

Yep StarzGuy Aug 2018 #128

YES!! karin_sj Aug 2018 #129

YES!!! lunamagica Aug 2018 #131

What does not authorized under the Constitution mean? MadDAsHell Aug 2018 #136

Trump said there's 2nd Amendment remedies. rickford66 Aug 2018 #137

Annul the presidency. Impeach the #TrumpJudges EndGOPPropaganda Aug 2018 #138

I like the idea and I like Reich coeur_de_lion Aug 2018 #142

K&R Scurrilous Aug 2018 #146