Timeline for What actually stops someone from running for public office in the US after agreeing not to do so?
Current License: CC BY-SA 4.0
15 events
| when toggle format | what | by | license | comment | |
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| Jul 7, 2023 at 22:13 | comment | added | IllusiveBrian | @GendoIkari It wouldn't matter really, the court order would just need to include Trump refusing to take office even if he won. The oath of office is voluntary. | |
| Jul 7, 2023 at 19:44 | comment | added | GendoIkari | "who exactly is in charge of and empowered to not allowing (i.e. preventing? blocking?) the commissions from putting them on the ballot regardless of some plea agreement" Isn't this kind of like asking "what prevents a warden from just letting a prisoner go free, even though they have been sentenced to service time in prison"? | |
| Jul 7, 2023 at 8:44 | history | edited | Philipp♦ | CC BY-SA 4.0 |
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| Jul 7, 2023 at 8:41 | comment | added | Philipp♦ | @IllusiveBrian Good contribution. I will add that to the answer. | |
| Jul 7, 2023 at 8:32 | comment | added | IllusiveBrian | I think we're confusing a sentence with terms of probation. The deal could be e.g. a 20 year suspended sentence, with a probation term of not running for office. Probation terms don't have to bar something which would otherwise be illegal, for example it's common that a person on probation can't drink alcohol. If the term is violated, the probation is revoked and the prison sentence is imposed. Granted this could still be found to be an illegal term of probation, I'm just saying that would presumably be how the agreement would work. | |
| Jul 6, 2023 at 19:50 | comment | added | uhoh | @Philipp got it, thanks! | |
| Jul 6, 2023 at 18:19 | comment | added | Joshua | @Philipp: Plea deals have contained things that aren't valid sentences before. It's only news when its egregious. Note that on normal cases, the plea deal can be enforced but we have the oddball case in the question of running for public office or not, which can't be stopped. | |
| Jul 6, 2023 at 13:00 | comment | added | Stuart F | If someone is sentenced to a suspended sentence or probation, they can be given conditions they must fulfil to avoid going to jail. But I don't know if that applied to Agnew. | |
| Jul 6, 2023 at 11:27 | comment | added | Philipp♦ | @uhoh also, the point of my answer is not that the plea bargain is binding for both parties. It is binding for the court in that it sentences the defendant to a previously agreed upon punishment for the charges they plead guilty for. | |
| Jul 6, 2023 at 11:19 | comment | added | Philipp♦ | @uhoh, well, if an election commission ignores their states election law and puts people onto the ballot who by law are not allowed to run, then that election might later be declared void by a court. | |
| Jul 6, 2023 at 10:51 | comment | added | uhoh | "Which means it would not be allowed for any voting commission to put their name on the ballot..." says who exactly? I mean a plea bargain is binding to the parties of that agreement, but in this particular, present-day anything-goes, no-holds-barred, norms-are-out-the-window US, who exactly is in charge of and empowered to not allowing (i.e. preventing? blocking?) the commissions from putting them on the ballot regardless of some plea agreement? | |
| Jul 6, 2023 at 10:32 | comment | added | Philipp♦ | @xyldke That's more of a question for law stack exchange, but if they don't, then that can not be part of a plea deal either. | |
| Jul 6, 2023 at 10:30 | comment | added | xyldke | Do courts have the authority to sentence someone to not run for president? | |
| Jul 6, 2023 at 10:28 | history | edited | Philipp♦ | CC BY-SA 4.0 |
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| Jul 6, 2023 at 10:22 | history | answered | Philipp♦ | CC BY-SA 4.0 |