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It really is. And in the context of what Abbot is doing, it is 100% legally justified at this point.
The incredibly shitty part is that, despite the unambiguous legality of such a hypothetical move, Biden won’t do it, because Abbot might actually use that as a political wedge. Which would be incredibly idiotic in the context of “America continuing to exist” - especially if the TXNG leadership decides to throw in with Abbot, which would effectively kick off a second civil war (which might start “cold”, but almost certainly wouldn’t end that way).