There are two elements to the immunity decision that are particularly extreme in a way that many will miss: (1) motive is irrelevant and (2) immune acts are not just excluded from prosecution, they’re excluded from evidence.
/1
From this day forward, all the discussion about replacing Biden needs to stop as it is, literally, yesterday's news. The new question is: 🔥🔥🔥🔥🔥 Which new and mighty "official act" executive powers has Joe Biden used TODAY to stop Mango Hitler ll and bring the corrupt SCOTUS 6 to heel?
It's my understanding that there is no real difference between the parties so voting for president is a waste of time. I presume that means that this exact decision would have come down with Obama/Biden-appointed justices, right? Right? I'm so funny.
/2 Motive being irrelevant means that the President can do a thing for expressly lawless reasons so long as the thing is within the extremely broad range of official acts. So question isn’t “can the President conspire to defraud,” it’s “can the President call a state official about an election.”
My gut feeling is that this is a huge own goal by the Federalist Society and Project 25 mob: I think it will spook the ordinary voter, and energise those who had the intention of sitting out this election, except in the case of collective insanity Germany 1930s-style
The Xtofascist controlled SCOTUS is in violation of the Constitution because it has failed to uphold it on several counts.
Ironically they have given Biden the power to arbitrarily remove them under some nebulous definition of his presidential "powers".
It’s particularly rich that the Supreme Court will fret about applying the exclusionary rule in privacy cases since there are so many other remedies but a president does a coup and suddenly the jury can’t hear about it
Always try to negotiate & reason with sociopaths, esp sociopaths who inhabit the highest echelons of power & wealth. Do not perform perfectly synchronized precision international *********** with high powered heavy barrel ************s. u would be forced to privately coordinate so many skilled ppl
“Official Act” is now part of the Trump lexicon along with “Locker room Talk,” “No Collusion,” and “Fake News”—phrases meant to dismiss and paper over very real, unethical, and scandalous behaviour.
It just seems like Roberts looked at everything we joked about -- seal team six, is it a crime to do [euphemised version of illegal thing], etc. -- and said, "Oh, that's good. Totally including that."
You won't see this, but anyway-
Does his immunity mean that, if called as a witness in, say, his co-defendants' Georgia cases, he would be unable to take the Fifth?
Or would the "excluded from evidence" part of the ruling mean he wouldn't be allowed to testify?
Biden should just change the Constitution and put it there, that no one is above the law, Including the President.
And then he should fire all the justices and open the positions to the popular vote and change the way it works.
Does he have that power, now ?
That is the lynchpin. Because if motive does not matter then the act itself can be couched as an official act because the pres talking to DOJ is supposed to be normal. What they are talking abt dose not matter, the convo is an official act. If motive applies, you can break in and get to criminality.
With today's SCOTUS ruling, Joe Biden has an invaluable (albeit temporary) opportunity to demonstrate to the justices, the Federalist Society, and indeed the entire GOP, an object lesson in The Law Of Unintended Consequences.
It would seem that "high crimes and misdemeanors" are all covered if they are official acts. What does that leave for impeachment? Liquor store stick-ups? Wife beating?
To confirm this ruling applies to all Presidents?
So by simply declaring Trump a Russian asset (don’t need the evidence) Biden can have Trump removed with extreme prejudice?
Biden could do just that and if the Supreme Court are willing to resign over the consequences, he will stand down?
It seems we will have no Judiciary Branch or Executive Branch if the President can "officially" order the arrest of Judge Merchan or the arrest of Justice Sotomayor. There is no separation of powers, the guy with the nuclear codes is the strong man.
Sounds like a really great opportunity for a clever Democratic President to make some serious changes and not have to fear consequences. Oh, for a leader with the courage to act. Well, we still have Joe.....oh, goody!
I remember you used to have a pinned tweet: "Your feelings are not the law." A wise attorney, I thought. -- Well, with this Supreme Court, we can toss that right out the window
The whole 'well if the president is impeached for their act then they can be held criminally liable' thing is funny because I think the president could legally drone strike a bunch of Justices then resign before impeachment proceedings began, meaning you can't impeach him. So the drone strike was ok
I would argue there is a third one: The majority left a door open for official acts that do not touch core executive powers to not only be presumably but absolutely immune from criminal prosecution (p. 14). So even if Jack Smith can refute the presumption, SCOTUS may still opt to accept immunity.
suppress evidence, create false evidence, or hell why even bother. this crap needs to be on ads describing the most vile crap imaginable: bsky.app/profile/bren...