Officers of the United States: Neither the President nor Vice President are Officers of the United States

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  • Flash-hider

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    The progressives on the bench betrayed them. So they should disband the supreme court altogether.
    Or, they'll want to expand the SC with progressives who are more progressive than the ones who they thought where more progressive in the first place.
     

    KG1

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    This is, in essence, what the Crazy Eyes CO SoS said in response to the SCOTUS decision: "we tried to save Democracy by infringing on democratic processes. I guess we have to leave Saving Democracy up to the voters now..."
    Yeah it was pretty darn presumptuous of people like her to think that they could just take away the rights of voters out of their hands in order to single handedly "Save the Democracy" for them. They received a well-deserved smackdown by SCOTUS putting them back in their place and giving that right back to the people.

    Bravo SCOTUS.
     
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    KG1

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    They are only willing to be authoritarians because they love us and want to take care of us.
    Yep. They are only doing it for our own good since we can't be trusted to make our own decisions and we should be thankful.
     

    jwamplerusa

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    expand the SC with progressives who are more progressive than the ones who they thought where more progressive in the first place.
    And then you have a redo of the French revolution, the ugly parts. And most of it was pretty ugly.

    Always looking for the next faction who will be radical enough.
     

    Ingomike

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    Interesting article, a couple of points I did not know. Makes it seem more likely Trump could win the immunity cases.

    Members of Congress and federal judges are immune from civil and criminal prosecution for their official acts. Currently, presidents are only immune from civil prosecution for their official acts. That is because the Supreme Court has never had to decide whether that extends to criminal prosecutions, as no president has ever faced a criminal prosecution until the Democrats’ four criminal indictments against Trump


     

    chipbennett

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    Interesting article, a couple of points I did not know. Makes it seem more likely Trump could win the immunity cases.

    Members of Congress and federal judges are immune from civil and criminal prosecution for their official acts. Currently, presidents are only immune from civil prosecution for their official acts. That is because the Supreme Court has never had to decide whether that extends to criminal prosecutions, as no president has ever faced a criminal prosecution until the Democrats’ four criminal indictments against Trump


    As far as I'm aware, the only people claiming otherwise are the same ilk who sided with Colorado, and whose novel legal theory got *****-slapped 9-0 by SCOTUS.
     

    Ingomike

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    Today is a big day in SCOTUS, they are hearing oral arguments on Presidential Immunity. It is odd to me that TPTB want to rein in presidential immunity while simultaneously allowing the president to rule with EO’s that clearly are law that must pass congress.



     

    chipbennett

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    Sure looks like this goes generally in Trump's favor:

    All 9 agree that POTUS has some degree of immunity from prosecution (all 9 expressed concern regarding unintended consequences of precedent to the contrary)

    The split is in the matter of degree.

    The liberal 3 will likely say that POTUS immunity only extends to "core functions" of official acts (whatever that means).
    The most conservative 4 might say that POTUS criminal immunity follows extent of Fitzgerald civil immunity.
    The middle 2 (Roberts, ACB) are likely to try to split the baby somewhere in-between.

    The end result will be a ruling in Trump's favor (6-3? 5-4?), with a remand to the District court to parse the allegations between official and private acts - allowing prosecution only on what remains of those private acts.

    The sticky issue will be who defines the test for whether an act falls under immunity as an official act or falls outside immunity as a private act. Will SCOTUS define such a test in their decision, or will they also push that back onto the District court, knowing that whatever that court decides will almost inevitably end up back in front of SCOTUS, anyway?
     
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