It is my belief that Hillary Clinton will win a fixed "election" in November,
A lot of people think that's absurd. The same people think that "voter fraud" only means voting more than once or impersonating a registered voter in order to vote. Those types of voter fraud are, like they all say, quite rare. The other types of voter fraud, like like manipulation of ballots by officials administering the election, such as tossing out ballots or casting ballots in voters' names, happens a lot more often than you'd think. We saw significant indications of that during the Democratic Primary elections and going back to the Bush-Gore presidential race. When more than a couple or three exit polls are off by
more than the margin of error, it's a sure sign of voter fraud.
Once under indictment she won't be able to assume the Office of the President in January.
Why not? There's nothing in the Constitution that says someone is disqualified for being President if the are accused of a crime. The only eligibility requirements for serving as President, as stated in the Constitution, are that a candidate must be a natural-born citizen at least 35 years of age who has lived in the US for at least the last 14 years, and Hillary meets all those requirements. There is no regulation that disqualifies a presidential candidate who has been (prior to assuming the presidency) accused of a crime, convicted of a crime, or even incarcerated for a crime. In 1920, for example, Socialist Party candidate Eugene Debs ran for President from a federal penitentiary (where he had been incarcerated for urging resistance to the military draft) and still received over 900,000 votes (3.4%).
Tim Kaine, who will not actually be the Vice President because neither he nor Hillary have been inaugurated, cannot assume the Presidency.
Kaine will be the "Vice President Elect." The inauguration merely swears in the new president, but that isn't the moment that determines whether they are to become the president on Inauguration Day.
On Nov 8th we have the general election, where people vote not only for president and vice president, but also help choose the electors who will represent their state in the Electoral College.
On Dec 19th the Electors meet in each state to do the actual voting for President and Vice President on separate ballots.
On Jan 6th the Congress meets in joint session to count the electoral votes. The President of the Senate (the Vice President of the US), presides over the count and announces the results of the Electoral College vote. The President of the Senate then declares which persons, if any, have been elected President and Vice President of the United States.
If a candidate (Hillary) dies or becomes incapacitated (including withdrawing from the process) between the general election (Nov 8th) and the meeting of Electors (Dec 19th), under federal law, the Electors pledged to the deceased (or incapacitated) candidate may vote for the candidate (not person, but candidate, so Obama couldn't be included in that vote) of their choice at the meeting of Electors. The Electors pledges to Hillary could still vote for Hillary, but those votes would not be counted, or they could vote for Kaine, or Trump, or Jill Stein, even.
If a candidate dies or becomes incapacitated between the meeting of electors (Dec 19th) and the counting of electoral votes in Congress (Jan 6th), the Constitution doesn't say a thing on whether this candidate meets the definition of “President elect” or “Vice President elect.” If the candidate with a majority of the electoral votes is considered “President elect,” even before the counting of electoral votes in Congress, then Section 3 of the 20th Amendment applies, which states that the Vice President elect will become President if the President elect dies or becomes incapacitated.
So President Obama, in an Executive Order citing an emergency situation, gives himself another four years in office is the only way possible.
Nothing in the Insurrection or Posse Comitatus Acts - which are the two laws a President
may invoke to declare a state of martial law - contain provisions for putting an end to term limits. So, no. The Insurrection or Posse Comitatus Acts combined purpose is to give the Federal government authority to suppress insurrections and restore civilian rule where it’s been compromised, not further subvert it. As soon as civilian order is restored and government can continue, the troops must leave. More than that, the President is cannot invoke either of those Acts without the consent of the State(s) into which troops are to be deployed (Insurrection Act) or Congress for their use in a domestic law enforcement capacity (Posse Comitatus Act). Were Obama to script an Executive Order invoking one or both of those Acts and declare martial law to do away with the term limits to install himself as president for another 4 years, or for life, very, very, very few people in the military would follow such an unlawful order of sedition (ie, a conspiracy for the effective overthrow of the government). In fact, more than merely a duty to disobey an unlawful order, they would be duty-bound to fight back against the conspiracy. So if Obama were to pull such a stunt, his 3rd term probably wouldn't last a week before a swift military coup deposed him and restore the lawful civilian authorities.
