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Thursday, June 08, 2023

The Second Indictment of Donald Trump

Gerard N. Magliocca

After the first indictment of Donald Trump, I said that the decision in New York would make a second indictment more likely. Now we are about to see that prediction come true. The second indictment, of course, makes a third indictment (in Georgia) more likely.

Though neither the New York nor the federal indictment relate to January 6th, I think they will make people take a harder look at the argument that Trump is ineligible to serve in office again under Section Three of the Fourteenth Amendment. The exercise of discretion by election officials (most notably, state Secretaries of State) is informed by the legal zeitgeist. These criminal cases are not just noise.      


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