Likely prosecution roadmap. Trump is going to die in Federal custody.
this post was submitted on 06 Feb 2024
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TIL that I am as smart as a Federal Judge.
No this case was just that dumb.
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Hey everybody! Guess what it's time for?
I seriously need to save this image so I don't have to download it each time.
Just remember to rename it so it's easily searchable, especially on mobile. Otherwise you'll end up with 20 copies of the same pic/gif
Source: me, and my many many hard drives.
But, then you'll have saved that image. 🥹
What you say is rational and is something I should do. And yet...
(Actually, I just bookmarked it.)
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That image shows up as a lemmy.world URL for me. Does Lemmy cache images somehow?
I would love to have Lemmy host a copy of a Biden "I Did That!" Sticker for every time we hear about the economy doing better.
Yes, it caches them. I should probably just save that URL. I'm lazy.
Excerpt:
For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.
Well worth skimming the ruling if you ask me. And up vote parent comment for visibility please.
Also:
In relevant part, the district court rejected Trump’s claim of executive immunity from criminal prosecution, holding that “[f]ormer Presidents enjoy no special conditions on their federal criminal liability.” United States v. Trump,
F. Supp. 3d ---, 2023 WL 8359833, at *3 (D.D.C. Dec. 1, 2023). It concluded that “[t]he Constitution’s text, structure, and history do not support” the existence of such an immunity, id., and that it “would betray the public interest” to grant a former President “a categorical exemption from criminal liability” for allegedly “attempting to usurp the reins of government.” Id. at *12.
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^ Everyone upvote this for visibility please. People need to read this.
Interesting they used Nixon as precedent.
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About damn time.
What the hell is the argument for immunity? Even if presidents can't be charged for doing their job, stealing an election and walking away with nuclear secrets is not part of the job.
The tactic is to delay the inevitable in hopes that he can lead another, better coup attempt later, install himself as president for life and then pardon himself for all crimes, past and future
The dumbass interpretation of "Separation of powers" means that the judiciary doesn't have jurisdiction over any executive branch official, for anything, ever. Corollaries being that congress can't pass laws that apply to judges, and the Department of Justice can't investigate Congresspeople. Instead of checks-and-balances, they want independent kingdoms.
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The argument is that Trump gave all these judges some really cushy lifetime jobs, and he thought they would deliver some payback.
It was a somewhat successful delay tactic.
The argument is that it's hurting Trump's feelings and that's why he should be able to do whatever he wants without question.
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What the hell is the argument for immunity?
It's the well-established "throw shit at wall, hope it sticks" principle of legal argumentation.
I started typing a joke comment about how the "term of art" was "kitchen sink defense," but then I remembered that it actually is a bit of a term of art.
I trolled myself and am not sure how to feel about this.
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A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has ruled that Donald Trump does not enjoy broad immunity from federal prosecution, a major legal setback for the former president who almost certainly will appeal.
The ruling comes a month after lawyers for Trump argued made sweeping claims that he enjoyed immunity from federal prosecution, claims that lawyers for the special counsel said would "undermine democracy" and give presidents license to commit crimes while in the White House, such as accepting bribes for directing government contracts or selling nuclear secrets to a foreign adversary.
That's quite a beating, President Drink Bleach was administered. The article is with the read. The judges gave excellent examples of why presidents shouldn't, you know, be criminals.
He'll appeal as much as he can. But I cannot see him succeeding beyond delaying.
Delay is success.
There was never a possibility it would rule any other way. Now we just gotta wait for the inevitable stupid appeal to SCOTUS, and have it done with.
I didn't share your faith in the outcome. But I'm glad they ruled as they should.
Ah yes. History is inevitable.
Except that its not and they absolutely could have ruled some other way.
Nothing is guaranteed.
Now we just gotta wait for the inevitable stupid appeal to SCOTUS, and have it done with.
I believe he can request an en banc hearing (a hearing in front of all the circuit judges, as opposed to a three-judge panel), which he definitely will, because it will delay the proceedings further.
The three judge panel anticipated that these arguments are primarily delay tactics. They have said in the decision they will stay their ruling only for an appeal accepted directly to the supreme court. If he appeals to the en banc panel first, then the trial can go ahead while that appeal plays out, so it can't be used as a delay tactic. Only the Supreme Court can delay it further now.
I assume that certain elements on the Supreme Court will attempt to delay it (Thomas, Alito, and probably Gorsuch, I’m looking at you). How much can they realistically delay the trial?
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He can request it, but the good thing about those is the appeals court can deny the request. He can appeal to the Supreme Court and they could either deny it or take it up to smack down the argument. If they side with his argument the country is over (along with all of the court's own power) as they would have ruled that the President is functionally an absolute monarch.
they would have ruled that the President is functionally an absolute monarch.
And then Dark Brandon activates Seal Team Six for elephant hunting season.
Hopefully, the court will deny the request with prejudice. It's such a goddamn dumb argument.
This is the best summary I could come up with:
Circuit has ruled that Donald Trump does not enjoy broad immunity from federal prosecution, a major legal setback for the former president who almost certainly will appeal.
The ruling comes a month after lawyers for Trump argued made sweeping claims that he enjoyed immunity from federal prosecution, claims that lawyers for the special counsel said would "undermine democracy" and give presidents license to commit crimes while in the White House, such as accepting bribes for directing government contracts or selling nuclear secrets to a foreign adversary.
Circuit judges, Florence Pan, pressed Trump attorney D. John Sauer at the oral argument about whether a president might sell pardons or nuclear secrets, or even order a Navy SEAL team to kill a political opponent, and still evade criminal prosecution under his theory of the case.
Trump has pleaded not guilty to four felony counts that accuse him of leading a conspiracy to cling to power and disenfranchise millions of voters in 2020.
Prosecutors say that this culminated in violence at the U.S. Capitol three years ago that injured 140 law enforcement officers and shook the foundations of American democracy.
The former president has signaled that he could seek to dismiss the federal cases against him in the District of Columbia and Florida if he regains the White House.
The original article contains 369 words, the summary contains 216 words. Saved 41%. I'm a bot and I'm open source!