Anonymous
Post 07/01/2024 16:11     Subject: The President is Above the Law

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Anonymous wrote:I don't see how a president could possibly be prosecuted for bribery under this decision. By definition, bribery is receipt of money or other thing of value in exchange for an official act. Official acts are now absolutely immune, and prosecutors can't even introduce evidence about them. So you can get stacks of gold bars al a Menendez, but prosecutors couldn't introduce any evidence that those gold bars were in exchange for signing legislation for example.


But why would you be criminallly charging a president with piddling little bribery? That's just a peccadillo compared to bugging an opponent's office or fomenting a couple.

The Supreme Court basically divided a line between really really big bad actions that are chargeable and small or medium bad acts that have immunity.


That's not remotely what the decision says.


The opinion draws a line between official acts, which are absolute immunity including prohibiting inquiries into motive or evidence, and other acts including outer official and unofficial acts with no immunity. The letter about fake election fraud was considered part of official duties, since the letter was not sent. However, had the letter been sent, then that would have been an unofficial act, opening inquiry into motive and evidence.

IOW, really really bad acts do not have absolute immunity.


It doesn't say that. If anything, it says the opposite. If the president does some ordinary petty crime that's unrelated to his official duties, like DWI or shoplifting, he can be fully prosecuted. If he sells pardons, orders baseless criminal prosecutions, or orders the military to assassinate people, that's all official and he's immune.


Nobody is going to be charging a president with a DUI. SMH Read the opinion again and think about what it means, not just what it says.


Trump tried to stay in power illegally used a number of means, some certainly "official" and all at least arguably "official" as SCOTUS is defining it. That's about the worst thing a president could possibly do. So this only "really really bad acts don't have absolute immunity" line you're trying to draw is bull.


He's literally being criminally charged for his actions during his presidency. That's what this case is about.


And SCOTUS just let him off.


They just did the opposite.


How so? They said that many of the pillars of the prosecution are subject to absolute immunity (pressuring Pence, getting Clark to gin up DOJ investigations), and the remaining ones (pressuring the GA Secretary of State, the ellipse speech) are presumptively immune and you can't ask about his motives or intentions. So those are going too. The case is effectively done.


No, they did not. They said that he has absolute immunity for those powers defined in the Constitution and presumtive immunity for official acts. But the President has no powers definied or official for oversight of the election process. The election process is run by the states and Congress. Even if Mike Pence as VPOTUS had the power to do what Trump asked (which is not enumerated in the Constitution), then the President trying to sway the VPOTUS to do or not do his job, is still not an official responsibility of the President. As for directing the DOJ and Clark, that is certainly within his official capacity. However, instructing them to do illegal acts is still an unofficial act. That would be akin to illegal wiretapping by the NSA. The President cannot order the executive branch to violate federal law without that being an illegal action. Trying to order executive branch departments to violate the law would be an unofficial act and no longer assume presumptive immunity.


You obviously haven't read the decision. It says straight out that instructing Clark to undertake sham investigations is absolutely immune.

"The indictment’s allegations that the requested investigations were “sham[s]” or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. App. 186–187, Indictment ¶10(c). And the President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is
therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."


Keyword: discussion

In the previous paragraph, they note that the letter about purported fraud was not sent.

If the letter had been sent, we would move beyond examining discussions to deeds, which would not be an official act.


Yeah, it doesn’t say that.


That's exactly what it says. It says the president "is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials". Discussions - immunity. Actions? Had he sent that letter, that would be a different question.


Please quote where it says he wouldn't have immunity if the letter was sent? TYIA.

That doesn't make any sense. If that was the case, then the immunity would turn on how the officials reacted to the president's request and not on anything he himself did.


Of course any and all discussions of legal or illegal things would be covered by executive privilege, attorney client privilege, and presidential absolute immunity. Doing illegal things is a totally separate question. In the preceding paragraphs in the section, the unsent letter about fake fraud is noted.

There's no text that says, But if they sent the letter... Because that's unnecessary. They don't have to reach it, so they don't. But you can fill it in.


All of the preceding discussion is about how the president has absolute control of DOJ under the constitution. It's absolutely crazy to say the president is absolutely immune for any requests he makes to DOJ, no matter how corrupt, but if DOJ actually complies with the request, then it's suddenly not immune. There is no inkling whatsoever that this is what SCOTUS is saying.


They explicitly say absolutely immune from prosecution for discussion. They didn't say absolutely immune to prosecution for everything DOJ related.


What else would the president do with respect to DOJ that is not "discussion"?


Let's see. DOJ does something horrible because the President asked DOJ to do that horrible thing. But the President-DOJ discusses are off limits, while the actual DOJ actions are not. Not sure how the President gets convicted. Mafia boss tells underling to kill someone, but DOJ is preventing from using that boss-underling conversation to go after the boss.


As long as the instructions are not mailed, I think all is fine.


That doesn't matter. Trump is absolutely immune for ANY action taken by DOJ. The opinion explicitly says that. And anyone else can get pardoned.
Anonymous
Post 07/01/2024 16:11     Subject: The President is Above the Law

Anonymous wrote:Biden needs to stop enforcing the Supreme Court’s decisions. It’s an illegitimate Court at this point.


I agree. And the next step is for a Democratic to simply ignore the Court's rulings.
Anonymous
Post 07/01/2024 16:11     Subject: Re:The President is Above the Law

Anonymous wrote:All of you decrying the Supreme Court’s decision must not have learned about the Nixon administration in school or if you are old enough, you don’t remember it.

Nixon orchestrated an actual break-in. His orchestration wasn’t documented. He was pardoned by his successor after his resignation “so the country could move on.”

The Democrats are tying themselves into knots trying to convict Trump of doing what scores of hoarder ex Presidents have done. Biden’s garage was full of boxes of classified documents yet he is not facing charges.

The Supreme Court had to issue this ruling. It’s our last hope before this country descends into a total banana republic.


Scores? Name them.
Anonymous
Post 07/01/2024 16:10     Subject: Re:The President is Above the Law

All of you decrying the Supreme Court’s decision must not have learned about the Nixon administration in school or if you are old enough, you don’t remember it.

Nixon orchestrated an actual break-in. His orchestration wasn’t documented. He was pardoned by his successor after his resignation “so the country could move on.”

The Democrats are tying themselves into knots trying to convict Trump of doing what scores of hoarder ex Presidents have done. Biden’s garage was full of boxes of classified documents yet he is not facing charges.

The Supreme Court had to issue this ruling. It’s our last hope before this country descends into a total banana republic.
Anonymous
Post 07/01/2024 16:09     Subject: The President is Above the Law

Anonymous wrote:
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Anonymous wrote:I don't see how a president could possibly be prosecuted for bribery under this decision. By definition, bribery is receipt of money or other thing of value in exchange for an official act. Official acts are now absolutely immune, and prosecutors can't even introduce evidence about them. So you can get stacks of gold bars al a Menendez, but prosecutors couldn't introduce any evidence that those gold bars were in exchange for signing legislation for example.


But why would you be criminallly charging a president with piddling little bribery? That's just a peccadillo compared to bugging an opponent's office or fomenting a couple.

The Supreme Court basically divided a line between really really big bad actions that are chargeable and small or medium bad acts that have immunity.


That's not remotely what the decision says.


The opinion draws a line between official acts, which are absolute immunity including prohibiting inquiries into motive or evidence, and other acts including outer official and unofficial acts with no immunity. The letter about fake election fraud was considered part of official duties, since the letter was not sent. However, had the letter been sent, then that would have been an unofficial act, opening inquiry into motive and evidence.

IOW, really really bad acts do not have absolute immunity.


It doesn't say that. If anything, it says the opposite. If the president does some ordinary petty crime that's unrelated to his official duties, like DWI or shoplifting, he can be fully prosecuted. If he sells pardons, orders baseless criminal prosecutions, or orders the military to assassinate people, that's all official and he's immune.


Nobody is going to be charging a president with a DUI. SMH Read the opinion again and think about what it means, not just what it says.


Trump tried to stay in power illegally used a number of means, some certainly "official" and all at least arguably "official" as SCOTUS is defining it. That's about the worst thing a president could possibly do. So this only "really really bad acts don't have absolute immunity" line you're trying to draw is bull.


He's literally being criminally charged for his actions during his presidency. That's what this case is about.


And SCOTUS just let him off.


They just did the opposite.


How so? They said that many of the pillars of the prosecution are subject to absolute immunity (pressuring Pence, getting Clark to gin up DOJ investigations), and the remaining ones (pressuring the GA Secretary of State, the ellipse speech) are presumptively immune and you can't ask about his motives or intentions. So those are going too. The case is effectively done.


No, they did not. They said that he has absolute immunity for those powers defined in the Constitution and presumtive immunity for official acts. But the President has no powers definied or official for oversight of the election process. The election process is run by the states and Congress. Even if Mike Pence as VPOTUS had the power to do what Trump asked (which is not enumerated in the Constitution), then the President trying to sway the VPOTUS to do or not do his job, is still not an official responsibility of the President. As for directing the DOJ and Clark, that is certainly within his official capacity. However, instructing them to do illegal acts is still an unofficial act. That would be akin to illegal wiretapping by the NSA. The President cannot order the executive branch to violate federal law without that being an illegal action. Trying to order executive branch departments to violate the law would be an unofficial act and no longer assume presumptive immunity.


You obviously haven't read the decision. It says straight out that instructing Clark to undertake sham investigations is absolutely immune.

"The indictment’s allegations that the requested investigations were “sham[s]” or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. App. 186–187, Indictment ¶10(c). And the President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is
therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."


Keyword: discussion

In the previous paragraph, they note that the letter about purported fraud was not sent.

If the letter had been sent, we would move beyond examining discussions to deeds, which would not be an official act.


Yeah, it doesn’t say that.


That's exactly what it says. It says the president "is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials". Discussions - immunity. Actions? Had he sent that letter, that would be a different question.


Please quote where it says he wouldn't have immunity if the letter was sent? TYIA.

That doesn't make any sense. If that was the case, then the immunity would turn on how the officials reacted to the president's request and not on anything he himself did.


Of course any and all discussions of legal or illegal things would be covered by executive privilege, attorney client privilege, and presidential absolute immunity. Doing illegal things is a totally separate question. In the preceding paragraphs in the section, the unsent letter about fake fraud is noted.

There's no text that says, But if they sent the letter... Because that's unnecessary. They don't have to reach it, so they don't. But you can fill it in.


All of the preceding discussion is about how the president has absolute control of DOJ under the constitution. It's absolutely crazy to say the president is absolutely immune for any requests he makes to DOJ, no matter how corrupt, but if DOJ actually complies with the request, then it's suddenly not immune. There is no inkling whatsoever that this is what SCOTUS is saying.


They explicitly say absolutely immune from prosecution for discussion. They didn't say absolutely immune to prosecution for everything DOJ related.


What else would the president do with respect to DOJ that is not "discussion"?


Let's see. DOJ does something horrible because the President asked DOJ to do that horrible thing. But the President-DOJ discusses are off limits, while the actual DOJ actions are not. Not sure how the President gets convicted. Mafia boss tells underling to kill someone, but DOJ is preventing from using that boss-underling conversation to go after the boss.


As long as the instructions are not mailed, I think all is fine.
Anonymous
Post 07/01/2024 16:07     Subject: The President is Above the Law

Anonymous wrote:
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Anonymous wrote:I don't see how a president could possibly be prosecuted for bribery under this decision. By definition, bribery is receipt of money or other thing of value in exchange for an official act. Official acts are now absolutely immune, and prosecutors can't even introduce evidence about them. So you can get stacks of gold bars al a Menendez, but prosecutors couldn't introduce any evidence that those gold bars were in exchange for signing legislation for example.


But why would you be criminallly charging a president with piddling little bribery? That's just a peccadillo compared to bugging an opponent's office or fomenting a couple.

The Supreme Court basically divided a line between really really big bad actions that are chargeable and small or medium bad acts that have immunity.


That's not remotely what the decision says.


The opinion draws a line between official acts, which are absolute immunity including prohibiting inquiries into motive or evidence, and other acts including outer official and unofficial acts with no immunity. The letter about fake election fraud was considered part of official duties, since the letter was not sent. However, had the letter been sent, then that would have been an unofficial act, opening inquiry into motive and evidence.

IOW, really really bad acts do not have absolute immunity.


It doesn't say that. If anything, it says the opposite. If the president does some ordinary petty crime that's unrelated to his official duties, like DWI or shoplifting, he can be fully prosecuted. If he sells pardons, orders baseless criminal prosecutions, or orders the military to assassinate people, that's all official and he's immune.


Nobody is going to be charging a president with a DUI. SMH Read the opinion again and think about what it means, not just what it says.


Trump tried to stay in power illegally used a number of means, some certainly "official" and all at least arguably "official" as SCOTUS is defining it. That's about the worst thing a president could possibly do. So this only "really really bad acts don't have absolute immunity" line you're trying to draw is bull.


He's literally being criminally charged for his actions during his presidency. That's what this case is about.


And SCOTUS just let him off.


They just did the opposite.


How so? They said that many of the pillars of the prosecution are subject to absolute immunity (pressuring Pence, getting Clark to gin up DOJ investigations), and the remaining ones (pressuring the GA Secretary of State, the ellipse speech) are presumptively immune and you can't ask about his motives or intentions. So those are going too. The case is effectively done.


No, they did not. They said that he has absolute immunity for those powers defined in the Constitution and presumtive immunity for official acts. But the President has no powers definied or official for oversight of the election process. The election process is run by the states and Congress. Even if Mike Pence as VPOTUS had the power to do what Trump asked (which is not enumerated in the Constitution), then the President trying to sway the VPOTUS to do or not do his job, is still not an official responsibility of the President. As for directing the DOJ and Clark, that is certainly within his official capacity. However, instructing them to do illegal acts is still an unofficial act. That would be akin to illegal wiretapping by the NSA. The President cannot order the executive branch to violate federal law without that being an illegal action. Trying to order executive branch departments to violate the law would be an unofficial act and no longer assume presumptive immunity.


You obviously haven't read the decision. It says straight out that instructing Clark to undertake sham investigations is absolutely immune.

"The indictment’s allegations that the requested investigations were “sham[s]” or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. App. 186–187, Indictment ¶10(c). And the President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is
therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."


Keyword: discussion

In the previous paragraph, they note that the letter about purported fraud was not sent.

If the letter had been sent, we would move beyond examining discussions to deeds, which would not be an official act.


Yeah, it doesn’t say that.


That's exactly what it says. It says the president "is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials". Discussions - immunity. Actions? Had he sent that letter, that would be a different question.


Please quote where it says he wouldn't have immunity if the letter was sent? TYIA.

That doesn't make any sense. If that was the case, then the immunity would turn on how the officials reacted to the president's request and not on anything he himself did.


Of course any and all discussions of legal or illegal things would be covered by executive privilege, attorney client privilege, and presidential absolute immunity. Doing illegal things is a totally separate question. In the preceding paragraphs in the section, the unsent letter about fake fraud is noted.

There's no text that says, But if they sent the letter... Because that's unnecessary. They don't have to reach it, so they don't. But you can fill it in.


All of the preceding discussion is about how the president has absolute control of DOJ under the constitution. It's absolutely crazy to say the president is absolutely immune for any requests he makes to DOJ, no matter how corrupt, but if DOJ actually complies with the request, then it's suddenly not immune. There is no inkling whatsoever that this is what SCOTUS is saying.


They explicitly say absolutely immune from prosecution for discussion. They didn't say absolutely immune to prosecution for everything DOJ related.


What else would the president do with respect to DOJ that is not "discussion"?


Let's see. DOJ does something horrible because the President asked DOJ to do that horrible thing. But the President-DOJ discusses are off limits, while the actual DOJ actions are not. Not sure how the President gets convicted. Mafia boss tells underling to kill someone, but DOJ is preventing from using that boss-underling conversation to go after the boss.
Anonymous
Post 07/01/2024 16:05     Subject: The President is Above the Law

Anonymous wrote:
Anonymous wrote:Biden needs to stop enforcing the Supreme Court’s decisions. It’s an illegitimate Court at this point.


Hi fascist insurrectionist.


Hi. I guess this is how we do it now.
Anonymous
Post 07/01/2024 16:05     Subject: The President is Above the Law

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:I have a question for any libertarian leaning folks out there today:
are you okay with this?


Absolutely! This was the textually correct decision.


What text in the Constitution supports the President getting absolute or presumptive criminal immunity?
Especially in light of the Speech or Debate Clause which explicitly gives Congress immunity?


DP. It's implied. Like the right to privacy.


All that from this one little phrase - which is the only part of the Constitution quoted in the opinion.

The executive Power shall be vested in a President of the United States of America.


Sorry, dude, there are too many lawyers posting here to fall for your BS. There's nothing "textual" about this decision. Or precedential or historical. It was created by a Court to bail out one man - Donald Trump
Anonymous
Post 07/01/2024 16:04     Subject: The President is Above the Law

Anonymous wrote:
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Anonymous wrote:I don't see how a president could possibly be prosecuted for bribery under this decision. By definition, bribery is receipt of money or other thing of value in exchange for an official act. Official acts are now absolutely immune, and prosecutors can't even introduce evidence about them. So you can get stacks of gold bars al a Menendez, but prosecutors couldn't introduce any evidence that those gold bars were in exchange for signing legislation for example.


But why would you be criminallly charging a president with piddling little bribery? That's just a peccadillo compared to bugging an opponent's office or fomenting a couple.

The Supreme Court basically divided a line between really really big bad actions that are chargeable and small or medium bad acts that have immunity.


That's not remotely what the decision says.


The opinion draws a line between official acts, which are absolute immunity including prohibiting inquiries into motive or evidence, and other acts including outer official and unofficial acts with no immunity. The letter about fake election fraud was considered part of official duties, since the letter was not sent. However, had the letter been sent, then that would have been an unofficial act, opening inquiry into motive and evidence.

IOW, really really bad acts do not have absolute immunity.


It doesn't say that. If anything, it says the opposite. If the president does some ordinary petty crime that's unrelated to his official duties, like DWI or shoplifting, he can be fully prosecuted. If he sells pardons, orders baseless criminal prosecutions, or orders the military to assassinate people, that's all official and he's immune.


Nobody is going to be charging a president with a DUI. SMH Read the opinion again and think about what it means, not just what it says.


Trump tried to stay in power illegally used a number of means, some certainly "official" and all at least arguably "official" as SCOTUS is defining it. That's about the worst thing a president could possibly do. So this only "really really bad acts don't have absolute immunity" line you're trying to draw is bull.


He's literally being criminally charged for his actions during his presidency. That's what this case is about.


And SCOTUS just let him off.


They just did the opposite.


How so? They said that many of the pillars of the prosecution are subject to absolute immunity (pressuring Pence, getting Clark to gin up DOJ investigations), and the remaining ones (pressuring the GA Secretary of State, the ellipse speech) are presumptively immune and you can't ask about his motives or intentions. So those are going too. The case is effectively done.


No, they did not. They said that he has absolute immunity for those powers defined in the Constitution and presumtive immunity for official acts. But the President has no powers definied or official for oversight of the election process. The election process is run by the states and Congress. Even if Mike Pence as VPOTUS had the power to do what Trump asked (which is not enumerated in the Constitution), then the President trying to sway the VPOTUS to do or not do his job, is still not an official responsibility of the President. As for directing the DOJ and Clark, that is certainly within his official capacity. However, instructing them to do illegal acts is still an unofficial act. That would be akin to illegal wiretapping by the NSA. The President cannot order the executive branch to violate federal law without that being an illegal action. Trying to order executive branch departments to violate the law would be an unofficial act and no longer assume presumptive immunity.


You obviously haven't read the decision. It says straight out that instructing Clark to undertake sham investigations is absolutely immune.

"The indictment’s allegations that the requested investigations were “sham[s]” or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. App. 186–187, Indictment ¶10(c). And the President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is
therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."


Keyword: discussion

In the previous paragraph, they note that the letter about purported fraud was not sent.

If the letter had been sent, we would move beyond examining discussions to deeds, which would not be an official act.


First, it doesn't say that. And second, Trump's immunity regarding ANYTHING the DOJ does or that he orders they do is ABSOLUTE.

Game, set, match. Why do you think we're freaking out?


You’re freaking out because lawfare is not working


Come to think of it, the "Lawfare" by the Demented Dems backfired immendely. What goes around, comes around.
Anonymous
Post 07/01/2024 16:04     Subject: The President is Above the Law

Anonymous wrote:Biden needs to stop enforcing the Supreme Court’s decisions. It’s an illegitimate Court at this point.


Hi fascist insurrectionist.
Anonymous
Post 07/01/2024 16:02     Subject: The President is Above the Law

Anonymous wrote:I am thankful I do not have any current or former family members who died in service to the USA fighting against tyranny abroad and democracy at home. What a total waste.


No kidding. Hope all those SCOTUS kids are properly registered.
Anonymous
Post 07/01/2024 16:01     Subject: The President is Above the Law

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:I don't see how a president could possibly be prosecuted for bribery under this decision. By definition, bribery is receipt of money or other thing of value in exchange for an official act. Official acts are now absolutely immune, and prosecutors can't even introduce evidence about them. So you can get stacks of gold bars al a Menendez, but prosecutors couldn't introduce any evidence that those gold bars were in exchange for signing legislation for example.


But why would you be criminallly charging a president with piddling little bribery? That's just a peccadillo compared to bugging an opponent's office or fomenting a couple.

The Supreme Court basically divided a line between really really big bad actions that are chargeable and small or medium bad acts that have immunity.


That's not remotely what the decision says.


The opinion draws a line between official acts, which are absolute immunity including prohibiting inquiries into motive or evidence, and other acts including outer official and unofficial acts with no immunity. The letter about fake election fraud was considered part of official duties, since the letter was not sent. However, had the letter been sent, then that would have been an unofficial act, opening inquiry into motive and evidence.

IOW, really really bad acts do not have absolute immunity.


It doesn't say that. If anything, it says the opposite. If the president does some ordinary petty crime that's unrelated to his official duties, like DWI or shoplifting, he can be fully prosecuted. If he sells pardons, orders baseless criminal prosecutions, or orders the military to assassinate people, that's all official and he's immune.


Nobody is going to be charging a president with a DUI. SMH Read the opinion again and think about what it means, not just what it says.


Trump tried to stay in power illegally used a number of means, some certainly "official" and all at least arguably "official" as SCOTUS is defining it. That's about the worst thing a president could possibly do. So this only "really really bad acts don't have absolute immunity" line you're trying to draw is bull.


He's literally being criminally charged for his actions during his presidency. That's what this case is about.


And SCOTUS just let him off.


They just did the opposite.


How so? They said that many of the pillars of the prosecution are subject to absolute immunity (pressuring Pence, getting Clark to gin up DOJ investigations), and the remaining ones (pressuring the GA Secretary of State, the ellipse speech) are presumptively immune and you can't ask about his motives or intentions. So those are going too. The case is effectively done.


No, they did not. They said that he has absolute immunity for those powers defined in the Constitution and presumtive immunity for official acts. But the President has no powers definied or official for oversight of the election process. The election process is run by the states and Congress. Even if Mike Pence as VPOTUS had the power to do what Trump asked (which is not enumerated in the Constitution), then the President trying to sway the VPOTUS to do or not do his job, is still not an official responsibility of the President. As for directing the DOJ and Clark, that is certainly within his official capacity. However, instructing them to do illegal acts is still an unofficial act. That would be akin to illegal wiretapping by the NSA. The President cannot order the executive branch to violate federal law without that being an illegal action. Trying to order executive branch departments to violate the law would be an unofficial act and no longer assume presumptive immunity.


Trump can wave his arms and claims "official acts" and then it is what it is, no matter how much someone like you wants to sugar coat it. The court could have left the appeal decision alone back in January, but instead took this extraordinary step.


Nah, he can waive his arms all he wants. He can't make an illegal act into an official act. It doesn't work that way.


Confused. I thought they said he in effect he could trade ambassadorships for bribes. Is that legal?


It is now.


How much would a good one cost?


Well, if you mean an ambassador for Trump, best to start negotiating now. Depends on if you want an ambassadorship for a s/ithole country or not.
Anonymous
Post 07/01/2024 16:01     Subject: The President is Above the Law

Anonymous wrote:I am thankful I do not have any current or former family members who died in service to the USA fighting against tyranny abroad and democracy at home. What a total waste.


Seriously.
Anonymous
Post 07/01/2024 16:00     Subject: The President is Above the Law

Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:I don't see how a president could possibly be prosecuted for bribery under this decision. By definition, bribery is receipt of money or other thing of value in exchange for an official act. Official acts are now absolutely immune, and prosecutors can't even introduce evidence about them. So you can get stacks of gold bars al a Menendez, but prosecutors couldn't introduce any evidence that those gold bars were in exchange for signing legislation for example.


But why would you be criminallly charging a president with piddling little bribery? That's just a peccadillo compared to bugging an opponent's office or fomenting a couple.

The Supreme Court basically divided a line between really really big bad actions that are chargeable and small or medium bad acts that have immunity.


That's not remotely what the decision says.


The opinion draws a line between official acts, which are absolute immunity including prohibiting inquiries into motive or evidence, and other acts including outer official and unofficial acts with no immunity. The letter about fake election fraud was considered part of official duties, since the letter was not sent. However, had the letter been sent, then that would have been an unofficial act, opening inquiry into motive and evidence.

IOW, really really bad acts do not have absolute immunity.


It doesn't say that. If anything, it says the opposite. If the president does some ordinary petty crime that's unrelated to his official duties, like DWI or shoplifting, he can be fully prosecuted. If he sells pardons, orders baseless criminal prosecutions, or orders the military to assassinate people, that's all official and he's immune.


Nobody is going to be charging a president with a DUI. SMH Read the opinion again and think about what it means, not just what it says.


Trump tried to stay in power illegally used a number of means, some certainly "official" and all at least arguably "official" as SCOTUS is defining it. That's about the worst thing a president could possibly do. So this only "really really bad acts don't have absolute immunity" line you're trying to draw is bull.


He's literally being criminally charged for his actions during his presidency. That's what this case is about.


And SCOTUS just let him off.


They just did the opposite.


How so? They said that many of the pillars of the prosecution are subject to absolute immunity (pressuring Pence, getting Clark to gin up DOJ investigations), and the remaining ones (pressuring the GA Secretary of State, the ellipse speech) are presumptively immune and you can't ask about his motives or intentions. So those are going too. The case is effectively done.


No, they did not. They said that he has absolute immunity for those powers defined in the Constitution and presumtive immunity for official acts. But the President has no powers definied or official for oversight of the election process. The election process is run by the states and Congress. Even if Mike Pence as VPOTUS had the power to do what Trump asked (which is not enumerated in the Constitution), then the President trying to sway the VPOTUS to do or not do his job, is still not an official responsibility of the President. As for directing the DOJ and Clark, that is certainly within his official capacity. However, instructing them to do illegal acts is still an unofficial act. That would be akin to illegal wiretapping by the NSA. The President cannot order the executive branch to violate federal law without that being an illegal action. Trying to order executive branch departments to violate the law would be an unofficial act and no longer assume presumptive immunity.


You obviously haven't read the decision. It says straight out that instructing Clark to undertake sham investigations is absolutely immune.

"The indictment’s allegations that the requested investigations were “sham[s]” or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. App. 186–187, Indictment ¶10(c). And the President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is
therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."


Keyword: discussion

In the previous paragraph, they note that the letter about purported fraud was not sent.

If the letter had been sent, we would move beyond examining discussions to deeds, which would not be an official act.


First, it doesn't say that. And second, Trump's immunity regarding ANYTHING the DOJ does or that he orders they do is ABSOLUTE.

Game, set, match. Why do you think we're freaking out?


You’re freaking out because lawfare is not working


Or maybe because our representative Democracy was just basically eliminated? If it doesn't sink in for you, it will for your grandkids.



The drama


The cluelessness
Anonymous
Post 07/01/2024 15:59     Subject: The President is Above the Law

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Anonymous wrote:I don't see how a president could possibly be prosecuted for bribery under this decision. By definition, bribery is receipt of money or other thing of value in exchange for an official act. Official acts are now absolutely immune, and prosecutors can't even introduce evidence about them. So you can get stacks of gold bars al a Menendez, but prosecutors couldn't introduce any evidence that those gold bars were in exchange for signing legislation for example.


But why would you be criminallly charging a president with piddling little bribery? That's just a peccadillo compared to bugging an opponent's office or fomenting a couple.

The Supreme Court basically divided a line between really really big bad actions that are chargeable and small or medium bad acts that have immunity.


That's not remotely what the decision says.


The opinion draws a line between official acts, which are absolute immunity including prohibiting inquiries into motive or evidence, and other acts including outer official and unofficial acts with no immunity. The letter about fake election fraud was considered part of official duties, since the letter was not sent. However, had the letter been sent, then that would have been an unofficial act, opening inquiry into motive and evidence.

IOW, really really bad acts do not have absolute immunity.


It doesn't say that. If anything, it says the opposite. If the president does some ordinary petty crime that's unrelated to his official duties, like DWI or shoplifting, he can be fully prosecuted. If he sells pardons, orders baseless criminal prosecutions, or orders the military to assassinate people, that's all official and he's immune.


Nobody is going to be charging a president with a DUI. SMH Read the opinion again and think about what it means, not just what it says.


Trump tried to stay in power illegally used a number of means, some certainly "official" and all at least arguably "official" as SCOTUS is defining it. That's about the worst thing a president could possibly do. So this only "really really bad acts don't have absolute immunity" line you're trying to draw is bull.


He's literally being criminally charged for his actions during his presidency. That's what this case is about.


And SCOTUS just let him off.


They just did the opposite.


How so? They said that many of the pillars of the prosecution are subject to absolute immunity (pressuring Pence, getting Clark to gin up DOJ investigations), and the remaining ones (pressuring the GA Secretary of State, the ellipse speech) are presumptively immune and you can't ask about his motives or intentions. So those are going too. The case is effectively done.


No, they did not. They said that he has absolute immunity for those powers defined in the Constitution and presumtive immunity for official acts. But the President has no powers definied or official for oversight of the election process. The election process is run by the states and Congress. Even if Mike Pence as VPOTUS had the power to do what Trump asked (which is not enumerated in the Constitution), then the President trying to sway the VPOTUS to do or not do his job, is still not an official responsibility of the President. As for directing the DOJ and Clark, that is certainly within his official capacity. However, instructing them to do illegal acts is still an unofficial act. That would be akin to illegal wiretapping by the NSA. The President cannot order the executive branch to violate federal law without that being an illegal action. Trying to order executive branch departments to violate the law would be an unofficial act and no longer assume presumptive immunity.


Trump can wave his arms and claims "official acts" and then it is what it is, no matter how much someone like you wants to sugar coat it. The court could have left the appeal decision alone back in January, but instead took this extraordinary step.


Nah, he can waive his arms all he wants. He can't make an illegal act into an official act. It doesn't work that way.


Confused. I thought they said he in effect he could trade ambassadorships for bribes. Is that legal?


It is now.


How much would a good one cost?