"Don't worry, if the president imprisons his political enemies, you can still get a writ of habeas corpus."
"But to prove that's why you've been imprisoned requires proof of..."
"Presidential motive!"
"And under Trump v US, presidential motive is..."
"Inadmissible!"
Is evidence of motive inadmissible for the purposes of habeas, or just for the purpose of criminal prosecution of presidents and ex-presidents?
I am not saying I have a lot of faith SCOTUS would not expand the principle, but I understood they had not done so yet.
I'm actually not as sure on this part. The ruling clearly says you can't use such evidence in a prosecution of the President; I'm not sure if it means such evidence can't be used in any other proceeding (though, of course, that's not foreclosed here).
Bonkers. No criminal case could be brought against the president, but the evidence could be used in any other case. There is a ton of jurisdiction about that, because a lot of people enjoy even a broader immunity compared with the "half immunity" the SCOTUS granted to the POTUS.
I wouldn’t worry about it. I’m sure your Star Chamber will just bring a Bill of Attainder.
What do you mean they are outlawed by The Constitution? We’ll just call them Don’s of Palship.
Actually motive is clearly inadmissible in a prosecution of the president, but dues the ruling actually make it inadmissible in a Habeas case concerning the right to liberty of an imprisoned plaintiff? Wouldn’t seem that that would impair the legitimate functioning the executive.
Strictly speaking, you can get a writ of habeas corpus by showing that there is no legal basis for detention, which does not require showing an improper motive. But that means your liberty will depend on whether the President's lawyers can come up with any legitimate reason. Cf. Trump v. Hawaii.
I live in a country with an actual king and pretty sure he's not allowed to do such despotic things.
If you want Charles III you're very welcome to him.
It’s funny how even I, a rando German, understood this instantly
Yet there are people who dropped their brain in a jar somewhere running around as law professor zombies