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The problem is with his defamation trial if he swears in. As a government official, he would need to prove actual malicious intent by those who released that report. As a private citizen, he doesn't, thus forcing them into the position of proving the allegations are true.
This is a great opportunity to expose the corruption in DC in a public court, and that could be lost if he swears back in even for a couple of days.
I don't know if this is a serious concern or not, but I don't want there to be any reason for a judge to dismiss his defamation trial.
That would assume one of theses liberal judges need a reason to dismiss. Pretty hard to rely on the judicial system now a days. 😳