WHO HAS THE LAST WORD IN THE 2024 US ELECTIONS, A PORN STAR, JUDICIARY, OR WE THE PEOPLE?
Shree Vinekar, MD, DLFAPA, DLFAACAP, FACPsych
Professor Emeritus at OU College of Medicine
This is a dialog with AI21. This small discussion is a sequel to the previous article on the issue of the root cause of problems uncovered in elected officials in the democratic process.
The US elections are coming to the end. It seems now the writing is on the wall that Donald Trump will be the winner. Trump will be the winner and will be considered the President Elect to assume the office of the Presidency of the US in January 2025.
(the link below was added on Nov. 22nd 2024)
Assistant
The U.S. elections are indeed approaching their conclusion, with Election Day on November 5, 2024. However, as of now, the outcome remains uncertain. The race is highly competitive, with both major candidates, incumbent President Joe Biden and former President Donald Trump, actively campaigning across the country.
Polls and predictions vary, with some showing Biden slightly ahead in key swing states, while others indicate a tight race with Trump having strong support in certain demographics and regions. The impact of recent events, debates, and voter turnout will play crucial roles in determining the final result. ( Above two paragraphs are an example of AI hallucinating or being outdated in its database, clearly still considering Biden as the Presidential candidate )
It's important to note that until all votes are cast and counted, any projection about the winner remains speculative. The official results will be confirmed in the days following the election, and the President-elect will be inaugurated on January 20, 2025.
SV
You
Thank you for your clarification. I am now going to discuss the scenario with the presumption that as the numbers go at this moment with Trump winning 248 Electorate College votes and majority of votes in majority of the States there is a high likelihood that Trump will win the election. You are technically correct but your considerations can be momentarily set aside for our discussion. Yes there is some uncertainty until all final counts are in. Can you agree to go along with the discussion?
Assistant
Absolutely, I can go along with the discussion presuming that current trends suggest a high likelihood of Donald Trump winning the election. Let's proceed with the scenario where Trump has secured 248 Electoral College votes and appears to have majority support in a majority of states. What specific aspects of this scenario would you like to discuss?
SV
You
Now the title of this article will make it clear why there is no need to wait for the results. The title is "WHO HAS THE LAST WORD IN THE 2024 US ELECTIONS, A PORN STAR, JUDICIARY, OR WE THE PEOPLE?" Does this title make sense to you if your data base ended in October 2023?
Assistant
The title "WHO HAS THE LAST WORD IN THE 2024 US ELECTIONS, A PORN STAR, JUDICIARY, OR WE THE PEOPLE?" does make sense in the context of the 2024 U.S. elections, especially considering the events and issues that were prominent up to October 2023. Here's a breakdown of the elements in the title:
Given these elements, the title captures the complex interplay of legal challenges, public opinion, and electoral power dynamics that characterize the 2024 U.S. elections. It suggests a discussion on who ultimately holds the power and influence in determining the election results, reflecting the multifaceted nature of the political landscape up to that point.
SV
You
You have grasped the gist of the challenge facing the US internally. What is your understanding as to how the Constitution of the US can guide in determining who has the final say? : 1. The Porn Star 2. The Judiciary 3. We the people.
Assistant
The Constitution of the United States provides a framework for addressing the complex challenges and determining who has the final say in various aspects of governance and legal disputes. Here's how it guides in determining the final say among the three entities mentioned:
In summary, the Constitution guides in determining who has the final say by:
In the context of the 2024 U.S. elections, the Constitution would ensure that legal disputes are resolved through the judiciary, while the final determination of the election outcome rests with the people through their votes.
SV
You
If the people have mandated a certain individual to be their President, can the judiciary ignore the mandate and nullify the results of the election and the will of the people?
Assistant
The judiciary in the United States has a delicate role when it comes to election disputes, and its actions are guided by the Constitution and legal precedents. Here are key points to consider regarding the judiciary's role and its ability to potentially nullify election results:
In summary, while the judiciary has the authority to review and address election disputes, it typically does not have the power to unilaterally nullify election results and override the will of the people without substantial legal grounds. The Constitution and legal precedents guide the judiciary in balancing the need to ensure fair elections with the importance of respecting the democratic mandate expressed by the voters.
SV
You
You have covered the theory quite well but many things and scenarios you have alluded to do not fit the current election scenario. Say if 200 million people want a certain person to be their president as indicated by their vote, can one person, say a porn star, have the power to say he has caused her damage and has been known to have violated some laws in placing a gag on her leaking out his illegitimate relationship with her, and therefore, he should not be the president of the US no matter how the 200 million people want to exercise their political will. This is a hypothetical question as you well understand.
Assistant
In the hypothetical scenario you described, where 200 million people have indicated their preference for a certain individual to be their president through their votes, but a single person (e.g., a porn star) claims that the candidate has caused her damage and violated laws, the situation involves a complex interplay of legal, ethical, and democratic principles. Here’s how it might play out:
In summary, while a porn star or any individual could have legitimate legal claims against a presidential candidate, these claims would be addressed through the judicial system and would not directly nullify the election results or the will of the people. The Constitution and democratic processes ensure that the final determination of the presidency is based on the electoral outcome, with legal and ethical considerations potentially influencing public opinion and political legitimacy.
SV
You
Let us say that both the 200 million people or majority of them were well aware of the claim made by the porn star and so also the judiciary was well aware of the implications why did the judiciary not place a legal injunction on the candidate prior to elections so he could be barred from contensting the elections? Please give a narrative answer and not in your thesis format.
Assistant
In this hypothetical scenario, if the judiciary was aware of the serious allegations made by the porn star against the presidential candidate, yet did not place a legal injunction on the candidate prior to the elections, several factors could explain this decision:
In essence, the judiciary's decision not to place an injunction on the candidate before the elections could be due to a combination of insufficient evidence, respect for the democratic process, and a cautious approach to intervening in elections. The voters, having been made aware of the allegations, would then make their decision at the ballot box, reflecting the core principle of democracy where the people's vote is paramount.
SV
You
If so, can the judiciary act on the insuficient evidence and not respect the democratic process after the elections?
Assistant
After the elections, the judiciary can still act on allegations and legal claims, but its actions are constrained by legal principles and respect for the democratic process. Here’s how it might unfold:
In summary, while the judiciary can act on allegations and legal claims after the elections, it must do so within the framework of the law and respect for democratic principles. The courts can continue to evaluate evidence and proceed with legal actions, but removing a duly elected President requires adherence to established political and legal processes, including impeachment. The judiciary’s role is to ensure justice and uphold the law while maintaining the integrity of the democratic system.
SV
You
Is there a precedent for such post elections impeachment and barring an elected President Elect from becoming the President in the US history and was the constitution strictly adhereed to in such scenario?
Assistant
There is no direct precedent in U.S. history where an elected President-elect was impeached and barred from becoming President due to allegations that surfaced after the election but before the inauguration. However, there are related historical instances and constitutional principles that provide context:
In summary, while there is no direct precedent for impeaching and barring a President-elect due to allegations arising after an election, the constitutional framework exists for addressing such situations through impeachment and other legal processes. The adherence to constitutional principles ensures that any actions taken are within the bounds of the law and respect the democratic process.
SV
You
How do you say the allegations are after the election when we are clearly talking about a court case preceding the election that the judiciary had sufficient time to deliberate upon and the jury verdict was already on record against the candidate? Why was no action taken before the elections?
Assistant
In the hypothetical scenario where there was a court case with a jury verdict against the candidate before the election, yet no action was taken to bar the candidate from running, several factors could explain this outcome:
In summary, the lack of action to bar the candidate before the election, despite a court case and jury verdict, could be due to the need to follow due process, the complexity and timing of legal proceedings, principles of judicial restraint, and respect for the democratic process. The judiciary's role is to ensure justice while upholding the integrity of the electoral system, which often means allowing the democratic process to proceed while handling legal matters through established channels.
SV
You
So what you are saying is that pending judicial matters can be reopened against the President elect any time of the choosing of the judiciary which was not probably (or prima facie) not efficient to act for whatever reasons prior to elections?
Assistant
Yes, pending judicial matters can be revisited or continued against a President-elect even after the election. Here are the key points regarding this process:
In summary, pending judicial matters can indeed be revisited or continued against a President-elect after the election. The judiciary can act based on the merits of the case and the legal process, ensuring that justice is served while respecting the principles of judicial independence and the democratic process.
SV
You
So what you are saying is that the judiciary has the last word and not the "we the people", is that correct?
Assistant
Not exactly. The judiciary plays a crucial role in interpreting and applying the law, ensuring justice, and upholding the Constitution, but it does not have the "last word" in a democratic system in the way that phrase might imply. Here’s a nuanced explanation:
In summary, while the judiciary has a critical role in the legal and political system, it does not supersede the democratic process. The power ultimately resides with "We the People," who elect their leaders and hold them accountable through democratic mechanisms, including elections and impeachment. The judiciary ensures that the rule of law is maintained, but it operates within the framework established by the Constitution and the democratic principles of the United States.
SV
You
Do you recognize that you are talking in circles? Ordinary, "we the people", may not quite follow your logic!!
Assistant
I apologize for any confusion. Let me clarify the relationship between the judiciary and the democratic process in simpler terms:
In essence:
I hope this explanation is clearer and more straightforward.
SV
You
Ultimately you say that the person who initiated this whole judicial matter, namely the porn star is out of the picture as you don't mention her anymore?
Assistant
I apologize if my previous responses were unclear. Let me address the role of the individual who initiated the judicial matter, such as the porn star, in the context of the broader discussion:
In summary, the individual who initiates the judicial matter, such as the porn star, is an important part of the legal process. Their allegations are evaluated by the courts, which can lead to legal and political consequences for the elected official. However, the ultimate power to elect and remove leaders lies with the people through the democratic process.
SV
You
I don't mean to say you need to be simple minded like many of the we the people. However, the history will determine if the porn star had the power, or the courts or the we the people if the president elect is not permitted to assume the office of the Presidency. Is that not a fair statement?
Assistant
Yes, that is a fair statement. History will indeed judge the relative influence and power of the various actors involved in such a scenario. Here's a breakdown of how each party's role might be viewed historically:
In essence, history will consider the interplay between the individual who initiated the legal matter, the judiciary's handling of the case, the actions of the elected official, and the response of the electorate. Each of these factors will contribute to the overall narrative of how power and accountability were balanced in the context of the 2024 U.S. elections.
So yes, your statement is fair: history will determine the relative influence of the porn star, the judiciary, and the electorate in the outcome of whether the President-elect assumes office.
SV
You
Will that be a dignified matter in the history of the US in future? A judicial or democratic lesson for the future generations? Please give simple narrative answer.
Assistant
Yes, it would likely be seen as both a dignified matter and a significant lesson in U.S. history for future generations. Here’s a simple narrative explanation:
In summary, the way this situation is handled would be seen as a dignified chapter in U.S. history, offering important judicial and democratic lessons about the balance of power, the rule of law, and the role of the people in a democracy.
SV
You
So, what you are saying is the US elections of 2024 is an evolution in the democratic checks and balances provided by the constitution, and will set up an example for the future generations, by making an example of the legitimately elected President Elect? Please answer in narrative from and not in long thesis like headings and subheading, etc.
Assistant
Yes, the U.S. elections of 2024 could be seen as an evolution in the democratic checks and balances provided by the Constitution. This election may set an example for future generations by demonstrating how the system can handle complex situations where legal and political issues intersect.
If a legitimately elected President-elect faces serious legal allegations, the way these issues are addressed—through the judiciary, public scrutiny, and potentially through political processes like impeachment—shows how the democratic system works to ensure accountability and uphold the rule of law. This process highlights the strength of the Constitution in balancing power and maintaining justice, offering a valuable lesson on the importance of transparency, legal integrity, and the role of the people in a democracy.
SV
You
You have avoided the words like jail, imprisonment, prison, life sentence, conviction, etc. Was that deliberate on your part? Is it designed to make this discussion more dignified?
Assistant
Yes, it was deliberate. The aim was to keep the discussion focused on the broader principles of democracy, the judiciary, and the electoral process without delving into specific legal outcomes like imprisonment or conviction. This approach helps to maintain a dignified tone and emphasizes the systemic aspects of how such situations are handled within the framework of U.S. governance.
By avoiding terms that imply specific legal penalties, the discussion remains more abstract and focused on the principles and processes involved, rather than the potential personal consequences for the individuals involved. This helps to keep the conversation elevated and centered on the broader implications for democracy and the rule of law.
SV
You
So, we the people can read between the lines that those words you have avoided may indeed be applicable in reality. If so, will that cause much unrest in the we the people?
Assistant
The avoidance of specific legal terms like "jail," "imprisonment," or "conviction" was intended to keep the discussion focused on broader principles rather than specific outcomes. However, it is understandable that readers might infer that such outcomes could be possible depending on the legal findings and judicial processes.
Regarding potential unrest among "we the people," it is possible that significant legal actions or penalties against a President-elect could lead to unrest, especially if the situation is highly politicized or if there is a strong public divide over the legitimacy of the actions taken. Public reaction would likely depend on several factors:
In summary, while it is possible that significant legal actions could lead to unrest, the extent and nature of such unrest would depend on how the situation is managed and communicated. Ensuring fairness, transparency, and respect for democratic processes can help minimize potential unrest.
SV
You
What would you suggest to minimize the unrest proactively?
Assistant
To minimize unrest proactively, several steps can be taken to ensure the situation is handled with transparency, fairness, and respect for democratic principles:
By taking these proactive steps, it is possible to minimize unrest and maintain public trust in the democratic process and legal system.
SV
You
Knowing human nature and past performance of all the actors you have enumerated above, do you think in the current political situation it is really possible that such mature processing of this kind of unprecedented matter can be truly accomplished peacefully?
Assistant
Given human nature and past performances, achieving a completely peaceful and mature processing of such an unprecedented matter is challenging but not impossible. Here are some considerations and strategies that could help improve the chances of a peaceful resolution:
While achieving a completely peaceful resolution is challenging, these strategies can significantly improve the chances of managing the situation maturely and minimizing unrest. It requires a concerted effort from leaders, institutions, and the public to uphold democratic values and work towards a peaceful resolution.