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This is one of the things where it sounds obviously unconstitutional, but I would not bet money on the fact that it actually is.
Of course it’s blatantly unconstitutional, one cannot be denied due process, see 14th amendment. However, that is not the poignant question. What matters is: does anyone of consequence and power give a flying shit anymore?
Just send Trump to Gitmo. There's no due process there, so there's no problem!
Would that not mean Baker acting someone is unconstitutional yet occurs daily and has for decades yet not a flying fuck has been given?
Joe could throw trump in prison without due process and probably tie it up in courts for at least a few weeks.
Biden should throw Trump in jail, then say he has immunity since he's the president. Trump either has to take it, or set precedent against his own cases.
A tiny part of me is hoping the supreme court does rule that presidents are immune and then biden just fucking drone strikes Mar-a-Lago and resigns before they can indict him.
Biden could even argue in good faith, that he did it to protect democracy.
This is why the supreme court cannot find that. Because that would mean the Dems have only one option left and that would be doing it first.