Supreme Court: presidential Immunity hearing

1,293 Views | 45 Replies | Last: 22 days ago by concordtom
concordtom
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Click here to listen live:
https://www.youtube.com/live/hn2o9NX2J5o

Trump lawyer D. John Sauer is the guy with the gravelly/hoarse voice.
concordtom
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Lol
Kagan asks if the president sells military secrets
Then asks if he orders the military to stage a coup
concordtom
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D. John Sauer says those could be official acts. Which would require impeachment.

Hahaha.
Off the rails, buddy.
dajo9
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Does President Biden have a sniper tailing Trump as he waits to see how this hearing goes?
American Vermin
concordtom
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Amy CB points out that all 9 justices can be impeached, many others too. asks why the president is special

Ketanji-Jackson rails away at him saying that the fear of prosecution has kept the presidency more cautious than the risk-free notion being argued for.
concordtom
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Now the side against granting presidential immunity is speaking.

Justice Thomas asks first
concordtom
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dajo9 said:

Does President Biden have a sniper tailing Trump as he waits to see how this hearing goes?

Preferably, the guillotine is loaded and in waiting inside the 18-wheeler tractor trailer which has been tailing Trump's location.

I guess that's presently outside the courts in lower Manhattan.



Unit2Sucks
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I'm not listening but based on what I've read of the arguments, it sounds like Trump's lawyer has acknowledged that their initial position was untenable and that presidents should not be immune for all acts.

On the bright side, Trump's lawyer continues to insist that Biden can have Trump executed without facing future prosecution.

It also appears the court is unlikely to dismiss the case, which is what Trump had hoped for.

So while we are unlikely to see Trump face trial for his federal crimes while in office before he attempts to steal the next election through fake news, fake electors, fake votes, etc., at least the case will not be dismissed.
MinotStateBeav
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LOL "What about Obama's drone strikes, could he later be charged for example murder?"

Biden DOJ Attorney "Nah..we think that's okay, we wouldn't charge em for that."
tequila4kapp
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I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
tequila4kapp
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concordtom said:

Amy CB points out that all 9 justices can be impeached, many others too. asks why the president is special

Ketanji-Jackson rails away at him saying that the fear of prosecution has kept the presidency more cautious than the risk-free notion being argued for.
Trump was impeached. Twice. This is criminal prosecution.
concordtom
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Too complex to follow all this for me.
Will wait for talking heads and the justices ruling
WalterSobchak
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MinotStateBeav said:

LOL "What about Obama's drone strikes, could he later be charged for example murder?"

Biden DOJ Attorney "Nah..we think that's okay, we wouldn't charge em for that."
Wow. You are tragically dense.
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MinotStateBeav
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WalterSobchak said:

MinotStateBeav said:

LOL "What about Obama's drone strikes, could he later be charged for example murder?"

Biden DOJ Attorney "Nah..we think that's okay, we wouldn't charge em for that."
Wow. You are tragically dense.
You just called the DOJ attorney and Supreme Court Justice dense then, clown.
MinotStateBeav
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tequila4kapp said:

I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
That seems to be the entire thing. Whether or not the President is acting an official act or private act. Tbh I don't know how you split that unless its such an outlandish act of personal gain that its impossible to view the act as official. To me, the Senate is the presidential oversight. I don't see how you can criminally prosecute a president after he's left office if the act he's done can be viewed in any way as a official act.

One thing I didn't like was Sotomayor cutting off the defense attorney trying to answer, I know that's not a new thing in these supreme court hearings, but for public consumption it's a lot more appreciative if the public can hear the entire answer of the attorney (defense or DOJ). I understand if they do it so the attorney doesn't go off track, but many times it seemed like he was on track and she just wanted to get to the next question. I remember him saying something like "There are 3 reasons for such and such, the first is (this), the second is..." and then the SC justice cuts him off. It's like..HEY I WANNA HEAR THE OTHER TWO REASONS FOR WHY HE THINKS THAT!! lol.
tequila4kapp
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MinotStateBeav said:

tequila4kapp said:

I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
That seems to be the entire thing. Whether or not the President is acting an official act or private act. Tbh I don't know how you split that unless its such an outlandish act of personal gain that its impossible to view the act as official. To me, the Senate is the presidential oversight. I don't see how you can criminally prosecute a president after he's left office if the act he's done can be viewed in any way as a official act.

One thing I didn't like was Sotomayor cutting off the defense attorney trying to answer, I know that's not a new thing in these supreme court hearings, but for public consumption it's a lot more appreciative if the public can hear the entire answer of the attorney (defense or DOJ). I understand if they do it so the attorney doesn't go off track, but many times it seemed like he was on track and she just wanted to get to the next question. I remember him saying something like "There are 3 reasons for such and such, the first is (this), the second is..." and then the SC justice cuts him off. It's like..HEY I WANNA HEAR THE OTHER TWO REASONS FOR WHY HE THINKS THAT!! lol.
As I was listening to Deeban I was kind of buying into his proposed structure of official vs unofficial (though technically, I think his construct wasn't quite that clean - I believe he argued only some official acts are covered by defacto immunity). But afterward the arguments concluded I was reconsidering. The immunity concept is meant to protect the presidency, to ensure an operational government. Imagine - purely hypothetically - Clinton's Lewinsky stuff somehow invoked criminality. Should he face criminal charges while in office? You can easily see how this could be abused like crazy to harass a political opponent. But flip side, nobody is above the law. It is a very hard question.
WalterSobchak
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MinotStateBeav said:

WalterSobchak said:

MinotStateBeav said:

LOL "What about Obama's drone strikes, could he later be charged for example murder?"

Biden DOJ Attorney "Nah..we think that's okay, we wouldn't charge em for that."
Wow. You are tragically dense.
You just called the DOJ attorney and Supreme Court Justice dense then, clown.
No, I didn't."LOL"
Please give to Cal Legends at https://calegends.com/donation/ and encourage everyone you know who loves Cal sports to do it too.

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MinotStateBeav
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Robert Gouveia is a pro-trump attorney on Youtube, he believes it's going to be pretty much split by party lines on this decision 6-3 or 5-4. Thinks Amy Coney Barrett may vote with the other ladies. I think this decision is going to be 50/50 which way it goes. Other than Kagen and Sotomayor, on one side and Thomas and Kavanaugh on the other, I couldn't really tell where the others stood.
concordtom
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MinotStateBeav said:


One thing I didn't like was Sotomayor cutting off the defense attorney trying to answer, I know that's not a new thing in these supreme court hearings, but for public consumption it's a lot more appreciative if the public can hear the entire answer of the attorney (defense or DOJ). I understand if they do it so the attorney doesn't go off track, but many times it seemed like he was on track and she just wanted to get to the next question. I remember him saying something like "There are 3 reasons for such and such, the first is (this), the second is..." and then the SC justice cuts him off. It's like..HEY I WANNA HEAR THE OTHER TWO REASONS FOR WHY HE THINKS THAT!! lol.


I heard multiple justices cut the two men off - abruptly.
I heard a different hearing a month ago and the same thing was happening.
In both instances, the lawyers speaking complied like a child speaking to a parent who has total authority. Immediately silenced and onto the next question.
I thought, this is what I need at my house!!
concordtom
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MinotStateBeav said:

tequila4kapp said:

I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
That seems to be the entire thing. Whether or not the President is acting an official act or private act. Tbh I don't know how you split that unless its such an outlandish act of personal gain that its impossible to view the act as official. To me, the Senate is the presidential oversight. I don't see how you can criminally prosecute a president after he's left office if the act he's done can be viewed in any way as an official act.


Yes. Official vs unofficial act.
Is it an official act to order seal team 6?
A partisan Senate (one split 50-50) is NOT the "check" the founding fathers intended. Impeachment remedy being proposed has No teeth!!!!

Elsewhere, beyond weighing official/unofficial, Justices were pondering evaluating a president's mindset. How can we assess whether the president intended something for the good of the whole vs the good of himself?

This felt absurd.
Yo - you tried to overturn the election in an illegal coup! Go to jail.
Like pornography, we know it when we see it.
bearister
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I argued a couple of cases in front of California Courts of Appeal. I was a trial lawyer, not an appellate specialist, so that made it all the more nerve wracking.

Anyway, you go in for oral argument prepared to the gills, and when it is your turn and you start going into your spiel, the appellate justices immediately derail you by peppering you with questions. Just their way of letting you know that they are the ones with lifetime job security, not you, they are your Daddy and you can sh@it can your presentation because this is just the way it's gonna be around here today, boy.*



*I was perfectly psychologically preconditioned to take this abuse because: 1. Boomers were raised to expect no less from authority figures; 2. I was a product of the Catholic school system; and 3. At Hastings many of my teachers were in the infamous Over 65 Club who believed in negative reinforcement so at every opportunity they ripped you a new arsehole when they came to your name on the seating chart to interrogate you on the previous day's assignment. It was on all 4 squares with Prof. Kingsfield in Paper Chase.

I assume the court system must be kinder and gentler to the easily triggered generations…or at least a Safe Space Room in every courthouse.
Cancel my subscription to the Resurrection
Send my credentials to the House of Detention
I got some friends inside
MinotStateBeav
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concordtom said:

MinotStateBeav said:

tequila4kapp said:

I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
That seems to be the entire thing. Whether or not the President is acting an official act or private act. Tbh I don't know how you split that unless its such an outlandish act of personal gain that its impossible to view the act as official. To me, the Senate is the presidential oversight. I don't see how you can criminally prosecute a president after he's left office if the act he's done can be viewed in any way as an official act.


Yes. Official vs unofficial act.
Is it an official act to order seal team 6?
A partisan Senate (one split 50-50) is NOT the "check" the founding fathers intended. Impeachment remedy being proposed has No teeth!!!!

Elsewhere, beyond weighing official/unofficial, Justices were pondering evaluating a president's mindset. How can we assess whether the president intended something for the good of the whole vs the good of himself?

This felt absurd.
Yo - you tried to overturn the election in an illegal coup! Go to jail.
Like pornography, we know it when we see it.
Wellllllllll...

The electors that Trump appealed to, after this happened, Congress changed the law and now the President can no longer do that. So didn't the process just work as intended?
concordtom
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tequila4kapp said:

concordtom said:

Amy CB points out that all 9 justices can be impeached, many others too. asks why the president is special

Ketanji-Jackson rails away at him saying that the fear of prosecution has kept the presidency more cautious than the risk-free notion being argued for.
Trump was impeached. Twice. This is criminal prosecution.


As stated, in a partisan world, impeachment is meaningless other than putting something on record.

Mitch (and others) said before and after impeachment #2 that trump was guilty, and yet voted not. So, it's a pathetically laughable situation. Or, laughably pathetic.

Criminal prosecution, therefore, remains the "check" which is necessary. Thus, do not grant this presidential immunity request.
MinotStateBeav
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concordtom said:

tequila4kapp said:

concordtom said:

Amy CB points out that all 9 justices can be impeached, many others too. asks why the president is special

Ketanji-Jackson rails away at him saying that the fear of prosecution has kept the presidency more cautious than the risk-free notion being argued for.
Trump was impeached. Twice. This is criminal prosecution.


As stated, in a partisan world, impeachment is meaningless other than putting something on record.

Mitch (and others) said before and after impeachment #2 that trump was guilty, and yet voted not. So, it's a pathetically laughable situation. Or, laughably pathetic.

Criminal prosecution, therefore, remains the "check" which is necessary. Thus, do not grant this presidential immunity request.
Mitch was using the whole thing as a way to blackmail Trump. It's pretty much understood that Trump wanted to pardon Assange and Snowden and was alluding to it for months before his term ended, then all the sudden he comes out and doesn't do it. We believe McConnell basically said, you do that and we're going to impeach you. The intel agencies have a massive stiffy for those guys never getting pardoned.
Unit2Sucks
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tequila4kapp said:

MinotStateBeav said:

tequila4kapp said:

I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
That seems to be the entire thing. Whether or not the President is acting an official act or private act. Tbh I don't know how you split that unless its such an outlandish act of personal gain that its impossible to view the act as official. To me, the Senate is the presidential oversight. I don't see how you can criminally prosecute a president after he's left office if the act he's done can be viewed in any way as a official act.

One thing I didn't like was Sotomayor cutting off the defense attorney trying to answer, I know that's not a new thing in these supreme court hearings, but for public consumption it's a lot more appreciative if the public can hear the entire answer of the attorney (defense or DOJ). I understand if they do it so the attorney doesn't go off track, but many times it seemed like he was on track and she just wanted to get to the next question. I remember him saying something like "There are 3 reasons for such and such, the first is (this), the second is..." and then the SC justice cuts him off. It's like..HEY I WANNA HEAR THE OTHER TWO REASONS FOR WHY HE THINKS THAT!! lol.
As I was listening to Deeban I was kind of buying into his proposed structure of official vs unofficial (though technically, I think his construct wasn't quite that clean - I believe he argued only some official acts are covered by defacto immunity). But afterward the arguments concluded I was reconsidering. The immunity concept is meant to protect the presidency, to ensure an operational government. Imagine - purely hypothetically - Clinton's Lewinsky stuff somehow invoked criminality. Should he face criminal charges while in office? You can easily see how this could be abused like crazy to harass a political opponent. But flip side, nobody is above the law. It is a very hard question.
According to the OLC memo (and most Republicans, as we saw during the Trump presidency), a sitting president is not subject to criminal charges. The remedy for a criminal sitting president is impeachment, which as we all know is a political process. They argued, during the impeachment when they chose not to convict Trump, that Trump would be subject to criminal law for any crimes he committed as POTUS, following his term. They have since argued that because he wasn't convicted in the senate, he no longer would have any criminal liability. Had he been convicted in the senate, they would be arguing that he no longer has any criminal liability because it would be double jeopardy or some other made up nonsense.

The only thread is that the GOP does not think Trump should have any criminal liability whatsoever.

But this isn't really a novel concept and the answer has never been that presidents are immune for crimes they commit in office. Nixon wasn't convicted in the senate because he resigned. People still believed he had criminal liability which is why he was pardoned. And, of course, the entire GOP says Biden should somehow face prosecution for every made up thing that they can think of, even during his term (as has been argued again and again by people who think Robert Hur should have indicted President Biden).

I don't think the answer has to be that hard here, to be honest. An official act, which is one that is in furtherance of POTUS's constitutional duties, cannot be a crime. If his constitutional duties call for him to approve a black ops mission to assassinate a foreign head of state - that's not a crime. If his constitutional duties call for him to work with the CIA to, oh, I don't know, funnel money to drug lords in Nicaragua by selling crack cocaine to black people in Los Angeles, who would then be mass incarcerated, that is not a crime.

If the POTUS is not carrying out his constitutional duties, it may be a crime. If for some reason POTUS were to steal a car to go for a joyride and run a red light, that would be a crime. It wouldn't be prosecutable until his term ends, but it's a crime.

Also this.

concordtom
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MinotStateBeav said:

concordtom said:

MinotStateBeav said:

tequila4kapp said:

I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
That seems to be the entire thing. Whether or not the President is acting an official act or private act. Tbh I don't know how you split that unless its such an outlandish act of personal gain that its impossible to view the act as official. To me, the Senate is the presidential oversight. I don't see how you can criminally prosecute a president after he's left office if the act he's done can be viewed in any way as an official act.


Yes. Official vs unofficial act.
Is it an official act to order seal team 6?
A partisan Senate (one split 50-50) is NOT the "check" the founding fathers intended. Impeachment remedy being proposed has No teeth!!!!

Elsewhere, beyond weighing official/unofficial, Justices were pondering evaluating a president's mindset. How can we assess whether the president intended something for the good of the whole vs the good of himself?

This felt absurd.
Yo - you tried to overturn the election in an illegal coup! Go to jail.
Like pornography, we know it when we see it.
Wellllllllll...

The electors that Trump appealed to, after this happened, Congress changed the law and now the President can no longer do that. So didn't the process just work as intended?


All's well that ends well??
No, I don't see it that way.
Next time trump will have a VP that doesn't "do the right thing" AND Trump will find a new technicality loophole to do whatever he wants.

There needs to be a check and balance on people, whatever position they have. Accountability. The founding fathers knew this. This broad unlimited immunity request completely blows up the concept. This is the stuff of dictatorship. Reminds me of what I've read about how Hitler seized complete authority in 1933. A crazed mind he had, look what he did thereafter. Trump is dangerous and this is dancing on the edge of a cliff.

concordtom
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MinotStateBeav said:

concordtom said:

tequila4kapp said:

concordtom said:

Amy CB points out that all 9 justices can be impeached, many others too. asks why the president is special

Ketanji-Jackson rails away at him saying that the fear of prosecution has kept the presidency more cautious than the risk-free notion being argued for.
Trump was impeached. Twice. This is criminal prosecution.


As stated, in a partisan world, impeachment is meaningless other than putting something on record.

Mitch (and others) said before and after impeachment #2 that trump was guilty, and yet voted not. So, it's a pathetically laughable situation. Or, laughably pathetic.

Criminal prosecution, therefore, remains the "check" which is necessary. Thus, do not grant this presidential immunity request.
Mitch was using the whole thing as a way to blackmail Trump. It's pretty much understood that Trump wanted to pardon Assange and Snowden and was alluding to it for months before his term ended, then all the sudden he comes out and doesn't do it. We believe McConnell basically said, you do that and we're going to impeach you. The intel agencies have a massive stiffy for those guys never getting pardoned.


Oh my god. Really? You're going to muddy the whole Impeachment #2 vote with that?

You're tying yourself into a "theories" knot.
tequila4kapp
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concordtom said:


Yes. Official vs unofficial act.
Is it an official act to order seal team 6?
A partisan Senate (one split 50-50) is NOT the "check" the founding fathers intended. Impeachment remedy being proposed has No teeth!!!!

Elsewhere, beyond weighing official/unofficial, Justices were pondering evaluating a president's mindset. How can we assess whether the president intended something for the good of the whole vs the good of himself?

This felt absurd.
Yo - you tried to overturn the election in an illegal coup! Go to jail.
Like pornography, we know it when we see it.
First, we always have to remember this is not about Trump, per se. It is about how this area of the law will work going forward. [my one prediction: however it ends up this will be an extremely narrow decision]

If I was following it correctly intent comes into play because Deeban's position was not purely official vs unofficial acts. There was a 3rd category of official acts that are not absolutely protected by presidential immunity. I think the 'intent' questions were intending to probe the scope / efficacy of Deeban's position. That matters for the go forward "How is this area of the law going to work?" question.
Unit2Sucks
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concordtom said:

MinotStateBeav said:


Mitch was using the whole thing as a way to blackmail Trump. It's pretty much understood that Trump wanted to pardon Assange and Snowden and was alluding to it for months before his term ended, then all the sudden he comes out and doesn't do it. We believe McConnell basically said, you do that and we're going to impeach you. The intel agencies have a massive stiffy for those guys never getting pardoned.


Oh my god. Really? You're going to muddy the whole Impeachment #2 vote with that?

You're tying yourself into a "theories" knot.
He's just reminding everyone that Trump is incredibly weak. Trump wanted to pardon those baddies but his strong daddy Moscow Mitch wouldn't let him do it.
concordtom
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Unit2Sucks said:

tequila4kapp said:

MinotStateBeav said:

tequila4kapp said:

I missed the 1st half of the argument.

I thought Deeban did a really good job, except for that part where he claimed there was no Presidential immunity even for official acts.
That seems to be the entire thing. Whether or not the President is acting an official act or private act. Tbh I don't know how you split that unless its such an outlandish act of personal gain that its impossible to view the act as official. To me, the Senate is the presidential oversight. I don't see how you can criminally prosecute a president after he's left office if the act he's done can be viewed in any way as a official act.

One thing I didn't like was Sotomayor cutting off the defense attorney trying to answer, I know that's not a new thing in these supreme court hearings, but for public consumption it's a lot more appreciative if the public can hear the entire answer of the attorney (defense or DOJ). I understand if they do it so the attorney doesn't go off track, but many times it seemed like he was on track and she just wanted to get to the next question. I remember him saying something like "There are 3 reasons for such and such, the first is (this), the second is..." and then the SC justice cuts him off. It's like..HEY I WANNA HEAR THE OTHER TWO REASONS FOR WHY HE THINKS THAT!! lol.
As I was listening to Deeban I was kind of buying into his proposed structure of official vs unofficial (though technically, I think his construct wasn't quite that clean - I believe he argued only some official acts are covered by defacto immunity). But afterward the arguments concluded I was reconsidering. The immunity concept is meant to protect the presidency, to ensure an operational government. Imagine - purely hypothetically - Clinton's Lewinsky stuff somehow invoked criminality. Should he face criminal charges while in office? You can easily see how this could be abused like crazy to harass a political opponent. But flip side, nobody is above the law. It is a very hard question.
According to the OLC memo (and most Republicans, as we saw during the Trump presidency), a sitting president is not subject to criminal charges. The remedy for a criminal sitting president is impeachment, which as we all know is a political process. They argued, during the impeachment when they chose not to convict Trump, that Trump would be subject to criminal law for any crimes he committed as POTUS, following his term. They have since argued that because he wasn't convicted in the senate, he no longer would have any criminal liability. Had he been convicted in the senate, they would be arguing that he no longer has any criminal liability because it would be double jeopardy or some other made up nonsense.

The only thread is that the GOP does not think Trump should have any criminal liability whatsoever.

But this isn't really a novel concept and the answer has never been that presidents are immune for crimes they commit in office. Nixon wasn't convicted in the senate because he resigned. People still believed he had criminal liability which is why he was pardoned. And, of course, the entire GOP says Biden should somehow face prosecution for every made up thing that they can think of, even during his term (as has been argued again and again by people who think Robert Hur should have indicted President Biden).



If scotus rules as trump wants, I would strip trump of secret service and subject him to the masses, some of whom would have baseball bats and shivs.

Problem solved.
MinotStateBeav
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concordtom said:

MinotStateBeav said:

concordtom said:

tequila4kapp said:

concordtom said:

Amy CB points out that all 9 justices can be impeached, many others too. asks why the president is special

Ketanji-Jackson rails away at him saying that the fear of prosecution has kept the presidency more cautious than the risk-free notion being argued for.
Trump was impeached. Twice. This is criminal prosecution.


As stated, in a partisan world, impeachment is meaningless other than putting something on record.

Mitch (and others) said before and after impeachment #2 that trump was guilty, and yet voted not. So, it's a pathetically laughable situation. Or, laughably pathetic.

Criminal prosecution, therefore, remains the "check" which is necessary. Thus, do not grant this presidential immunity request.
Mitch was using the whole thing as a way to blackmail Trump. It's pretty much understood that Trump wanted to pardon Assange and Snowden and was alluding to it for months before his term ended, then all the sudden he comes out and doesn't do it. We believe McConnell basically said, you do that and we're going to impeach you. The intel agencies have a massive stiffy for those guys never getting pardoned.


Oh my god. Really? You're going to muddy the whole Impeachment #2 vote with that?

You're tying yourself into a "theories" knot.
Right, it was just a "theory". Bye.
dajo9
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So the party of limited government is all in on Presidential immunity. Nobody who has been paying attention is surprised.
American Vermin
WalterSobchak
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ACB: The Special Counsel makes a point that I think is a pretty compelling one: You admit that if the President were successfully impeached that he could be prosecuted after impeachment, right?

SAUER: Assuming that the prosecution was for the same conduct of which he was convicted. Not impeached, that word conviction is right there in the clause.

ACB: OK. OK. Granted. But you also say that these criminal statutes unless they explicitly mention the President don't apply to him. So how can you say that he would be subject to prosecution after impeachment while at the same time saying that he's exempt from these criminal statues?

SAUER: Well, there are statutes--as they concede--where Congress has purported--

ACB: A few. Two or three.

SAUER: They haven't done a comprehensive review. I think, this looks like all they did was text search for President in 18 U.S. Code. Again, under Franklin that's a very telling indication that the word "President" is not in the statute. Isn't necessarily a -- a -- a magic word requirement so-to-speak. But more fundamentally than that, more fundamentally than that they concede there are statutes that exist. In addition to that, much impeachment could occur as a result of private conduct. So the Impeachment Judgment Clause does do significant work buy authorizing the subsequent prosecution of a President there, because in what the Framers--if you look at what they're discussing in the thing, er, in the Constitutional Convention, is principally concerns about private conduct. Which of course we concede are not immune.

ACB: OK, so just to pick up Justice Kagan's example of a President who orders a coup, let's imagine that he is impeached and convicted for ordering that coup. And let's just accept for the sake of argument your position that that was official conduct. You're saying that he couldn't be prosecuted for that even after conviction in an impeachment proceeding if there was not a statute that expressly referenced the President and made it criminal for the President.

SAUER: There would have to be a statute that made a clear statement that Congress purported to regulate the President's conduct.

ACB: OK. Thank you.
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tequila4kapp
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The opinion is going to make for a fascinating legal read.
bearister
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After the SCOTUS rules in favor of tRump's immunity argument and tRump "wins" the election….


A tRump political enemy getting a firm Putining.
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I got some friends inside
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