In a recent interview with Breitbart News Daily host Mike Slater on SiriusXM Patriot 125, Joel B. Pollak discussed an intriguing and theoretical scenario involving former President Donald Trump. Despite sounding far-fetched, Pollak suggests that it is still within the realm of possibility for Trump to be elected president while in jail, take the oath of office, pardon himself, and then depart from his incarceration.
The Feasibility of Trump’s Detainment and the Likelihood of Election Victory
Pollak referred to the left’s desire to detain Trump before his trial, drawing attention to journalist Julie Kelly’s belief that such an event could occur, as it has with other defendants from the January 6 incident. However, Pollak argues that even if Trump were to find himself in detention, it might not prevent him from securing a victory in the 2024 election.
A Hypothetical Scenario Explored
The speculative scenario put forth by Pollak unfolds as follows: Trump, despite being behind bars, manages to win the election. Following the electoral success, the Chief Justice administers the oath of office to Trump while he remains imprisoned. Before departing, Trump exercises his presidential power and pardons himself.
Analyzing Trump’s Indictment
Pollak addressed the indictment against Trump issued by Special Counsel Jack Smith, highlighting the dubious nature of relying on “mind-reading” to establish Trump’s personal beliefs regarding the alleged election theft. Notably, Pollak brings attention to the severe charge of “conspiracy against rights,” which carries the possibility of the death penalty.
Criticizing Smith’s Claims
Smith’s assertion that Trump’s alleged lies about the election resulted in the Capitol riot on January 6 does not sit well with Pollak. He argues that while Trump may have contributed to a widespread sense of mistrust, it is not solely responsible for the unrest, as other factors also played a significant role.
Constitutional Concerns: Double Jeopardy
Moreover, Pollak raises valid concerns about the constitutionality of the indictment under the Double Jeopardy Clause. He points to Trump’s previous impeachment trial, where he was acquitted, as evidence of a potential violation of this constitutional protection against being tried for the same offense twice.