The U.S. Supreme Court has set April 25 as the date it will hear Donald Trump’s claim of presidential immunity from prosecution on charges related to his efforts to overturn his 2020 election loss - the last day of oral arguments of its current term.
The court released its updated argument calendar a week after it agreed to take up the case and gave the former president a boost by putting on hold the criminal prosecution being pursued by Special Counsel Jack Smith. It previously had disclosed which week it would hear the matter but had not given the precise date.
The justices will review a lower court’s rejection of Trump’s claim of immunity from prosecution because he was president when he took actions aimed at reversing President Joe Biden’s election victory over him.
Why do they need to put this off? Is there really a need to ponder over the question of ‘is a president allowed to break laws with impunity?’ Because it seems to me like there’s only one answer there and it’s “FUCK NO.”
It is fairly complicated. Should Obama be imprisoned for murder of US citizens in drone strikes? Should Bush be held liable for the incompetence in allowing 9/11? Should Clinton be held responsible for deaths in Kosovo for violation of the war powers act?
Presidents do seem to have immunity with regard to actions as a President. Creating a ruling that protects presidential action and allows criminal prosecution for other actions is going to be difficult. There’s also the matter of if actions done with immunity can be used as evidence against a president.
There is some existing precedent for distinguishing the President from the Candidate during elections. This could be used as a basis for a ruling Trump isn’t immune, but it’s hardly definitive.
It’s going to take more than an “I know it when I see it” ruling.
Obama and Bush should face justice.
Both Shrubs should’ve faced a court.
Except the question is not ‘is the president ever allowed to break the law,’ the question is ‘can the president break the law whenever he feels like it?’ The answer is obviously no.
All of these are asking if someone is guilty when the actual question is are we allowed to bring you to court to determine if you are guilty. A president should not have immunity and if a president feels they need to take extreme actions they should justify them before a court and accept the consequences of their actions. If someone does not want to be in that position to make such a call and pay such a price they have no business taking that role.
In most cases the guilt is largely proven, criminal liability would require a court to agree, but the findings from official reports are sufficient evidence. I’m not sure no immunity is a realistic outcome, a test for what actions are protected is most likely.
The Court is actually moving much faster than they traditionally do in such matters.
No they aren’t. They were asked to take this up a long time ago and didn’t. Then, when shit started looking bad for Trump, they suddenly reverse course and delay his trial.
You are correct. Mr. Smith’s team requested that the SCOTUS review this months ago. Long before it was brought to them by Trump’s team, as a way to expedite the process, and stop the “play out the clock” approach they take.
They are. You’re out of your depth. Jack Smith’s petition wasn’t proper as the issue wasn’t ripe. Now that the Circuit has rendered a decision it’s proper for SCOTUS to take up the matter. Think before you comment on matters completely beyond your understanding.
They didn’t have to move at all, though. That’s the thing, they’re doing this voluntarily, just like with their ruling on Trump being on the ballots because they claim Congress has to hold a vote every time they want to enforce a law that has existed for 150 years. They chose to vote on that, they didn’t have to.
So you don’t want a SCOTUS ruling on this? You would rather leave it somewhat ambiguous? I want a solid ruling.
Other courts should be handling this, the SCOTUS ruling delays proceedings or otherwise makes him immune to crime, both bad outcomes.
Most times, precedent is set by what the court decides NOT to review. When they say nothing, they are saying “the lower court has it right”. This is standard practice.
Wow. Just wow.
There’s zero tradition for a former president being indicted numerous times for almost a hundred crimes. There’s no measuring stick for this.