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US Constitution: There is no room for an exempt from due process


As lawyers and public officials, President Joe Biden and Vice President Kamala Harris have a constitutional duty to be categorical in their statements regarding their official positions. Failure to do so could result in a violation of their oaths of office and potentially lead to legal consequences.

Under Article II, Section 1 of the U.S. Constitution, the President and Vice President are required to faithfully execute the laws and fulfill their respective duties. This includes being clear and unambiguous in their public statements about their official capacities. If they fail to do so, they could be accused of misprision of felony, which is the failure to report a felony committed in their presence.

Misprision of felony is a federal offense that carries a potential penalty of up to three years in prison and a fine. In this context, if Biden or Harris were to intentionally or recklessly fail to clarify their official positions during public appearances or official statements, they could be accused of misprision of felony if they become aware of any felonious activity committed in their presence but fail to report it.

Additionally, if Biden or Harris were to make false statements regarding their official capacities, they could be accused of perjury or making false statements to federal authorities, which are also federal offenses with potential penalties including fines and imprisonment.

In short, as lawyers and public officials, Biden and Harris have a legal obligation to be clear and categorical about their official positions. Failure to do so could result in legal consequences that range from misprision of felony to perjury or making false statements. It is therefore imperative that they exercise caution and clarity in all their public statements regarding their official capacities.


 

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