Middle Tennessee Democrat Queries State Attorney General On Trump Candidacy For State Election Ballot

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The Tennessee Conservative [By Kelly M. Jackson] –

A Tennessee state lawmaker, Rep. Vincent Dixie (D-Nashville-District 54), has sent a letter to Attorney General Jonathan Skrmetti asking if former President Donald J. Trump can still be included on the Tennessee ballot after the recent convictions in a New York court.

TCA code § 40-20-114 states, “A person who has been convicted in this state of an infamous crime, as defined by § 40-20-112, other than one specified in subsection (b), or convicted under the laws of the United States or another state of an offense that would constitute an infamous crime if committed in this state, shall be disqualified from qualifying for, seeking election to or holding a public office in this state, unless and until that person’s citizenship rights have been restored by a court of competent jurisdiction.”

It was to this law that Dixie pointed when he sent the letter asking for the AG’s opinion, asking whether the alleged crimes that led to the convictions were considered “infamous” due to the “severity and nature of these crimes.” Dixie expressed his own belief that the alleged crimes did meet that criteria.

There are several reasons why Dixie’s opinion is legally incorrect.

First, even though the crimes for which the convictions were handed down, are indeed felonies, how they got that way is still a mystery to even the most learned legal scholars, from both sides of the aisle. 

The crime for which President Trump is accused, is technically a misdemeanor in the state of New York, and that crime has passed its expiration date for statute of limitations.  

So, in order to prosecute the former President, those charges had to be elevated to the level of a felony by a second crime. Which, even after the verdict has never been identified with any clarity. 

According to reports, prosecutors alleged that Trump intentionally misclassified a hush money payment to adult actress Stormy Daniels in business records as part of a scheme to interfere with the 2016 election.

Those 34 records were 11 invoices, checks, and vouchers (plus an extra replacement check when one was lost) totaling $420,000 in payment from Trump to ex-lawyer Michael Cohen in 2017.

The second alleged crime in question was conspiracy to influence the 2016 election through “unlawful means”.  The judge’s instructions on unanimity of what those “unlawful means” was that essentially there didn’t have to be any. The jurors could take their pick. 

Therefore, there has still been no other secondary crime identified that was used to elevate the initial misdemeanor to a felony.

Many prominent legal scholars believe this is enough reason for the high likelihood of a successful appeal of the convictions.

Additionally, there is nothing in The United States Constitution that precludes anyone from running for and being elected president while being tried for or convicted of a crime.

There is established past precedent to refer to in this case. 

Eugene V. Debs, an activist, ran for President as a representative of the Socialist Party in 1900, 1904, 1908, 1912, and 1920. 

Finally, the law in Tennessee does not govern the qualifications for candidates of a federal election with any authority, because it’s a state law. 

It’s anyone’s guess as to what prompted Dixie’s query to the Attorney General, since the AG doesn’t preside over elections in the state. The Secretary of State, Tre Hargett, is the person who makes those decisions.

So, even though former President Trump was convicted in what many critics call “a sham of a trial” and “banana republic level corruption”, this will not be an issue keeping President Trump from being what polls are telling us, a wildly popular choice come November 5^th.