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mdemone
Mar 14, 2001

Dapper_Swindler posted:

https://www.supremecourt.gov/DocketPDF/23/23-939/303418/20240319150454815_23-939%20-%20Brief%20for%20Petitioner.pdf

Trump SCOTUS brief on why he should have ABSOLUTE PRESIDENTIAL IMMUNITY.

curious to see how insane it is when law nerds dig into it.

It's not insane PROVIDED you grant the supposition that these acts in the various indictments were "official acts". (I don't agree with their position, but it's at least arguable.)

Alito and Thomas. Nobody else, IMO.

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Fart Amplifier
Apr 12, 2003

mdemone posted:

It's not insane PROVIDED you grant the supposition that these acts in the various indictments were "official acts". (I don't agree with their position, but it's at least arguable.)

Alito and Thomas. Nobody else, IMO.

It's insane even then. Otherwise Biden could declare Trump a security threat and have seal team 6 take him out

mdemone
Mar 14, 2001

Fart Amplifier posted:

It's insane even then. Otherwise Biden could declare Trump a security threat and have seal team 6 take him out

Agreed but then SCOTUS would be against that. You see how this works?

haveblue
Aug 15, 2005



Toilet Rascal

Fart Amplifier posted:

It's insane even then. Otherwise Biden could declare Trump a security threat and have seal team 6 take him out

Yeah, now is the time for Biden to announce that he is eagerly awaiting the ruling that nothing presidents do counts as crime and that strike teams are standing by

Madkal
Feb 11, 2008

Fallen Rib

Fart Amplifier posted:

It's insane even then. Otherwise Biden could declare Trump a security threat and have seal team 6 take him out

Biden refuses to up the number of Supreme Court justices but has other Supreme court approved methods of getting his own judges on the bench.

Levitate
Sep 30, 2005

randy newman voice

YOU'VE GOT A LAFRENIÈRE IN ME

mdemone posted:

Agreed but then SCOTUS would be against that. You see how this works?

Biden just needs Seal Team Six to take out the conservatives justices first, I don't see the problem

e: dammit beaten with more tact

Crows Turn Off
Jan 7, 2008


Madkal posted:

Biden refuses to up the number of Supreme Court justices...
And you think he can do this?

Main Paineframe
Oct 27, 2010

Fart Amplifier posted:

It's insane even then. Otherwise Biden could declare Trump a security threat and have seal team 6 take him out

Presumably Congress would impeach him for that, in which case (according to Trump's lawyers' argument) the presidential immunity would be removed.

mdemone
Mar 14, 2001

Main Paineframe posted:

Presumably Congress would impeach him for that, in which case (according to Trump's lawyers' argument) the presidential immunity would be removed.

Just resign immediately. Never go to trial.

gregday
May 23, 2003

Main Paineframe posted:

Presumably Congress would impeach him for that, in which case (according to Trump's lawyers' argument) the presidential immunity would be removed.

And he could have them assassinate anyone who votes for impeachment.

InsertPotPun
Apr 16, 2018

Pissy Bitch stan
supreme court says presidents have absolute immunity, biden starts a youtube channel where he streams professional sports games 24/7

InsertPotPun
Apr 16, 2018

Pissy Bitch stan
supreme court says presidents have absolute immunity.
*cut to biden tearing mattress tags off with his teeth*

Madkal
Feb 11, 2008

Fallen Rib
Would be hilarious if a lawyer actually mentions presidents killing SC judges in their argument. I would love to see the court address that issue.

Main Paineframe
Oct 27, 2010

gregday posted:

And he could have them assassinate anyone who votes for impeachment.

If the president is assassinating members of Congress, then I at that point "does the law give presidents immunity from prosecution?" is kind of a pointless question. Murderous dictators who rule with an iron fist and the absolute loyalty of the military tend not to care very much what the letter of the law says.

Of course, back in the real world, if President Biden orders SEAL Team 6 to murder their way through his political opponents, they're going to refuse to do it.

gregday
May 23, 2003

Main Paineframe posted:

If the president is assassinating members of Congress, then I at that point "does the law give presidents immunity from prosecution?" is kind of a pointless question. Murderous dictators who rule with an iron fist and the absolute loyalty of the military tend not to care very much what the letter of the law says.

Of course, back in the real world, if President Biden orders SEAL Team 6 to murder their way through his political opponents, they're going to refuse to do it.

They probably would, but an identical order coming from Trump to murder Biden would have more sway with members of the US military.

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


gregday posted:

They probably would, but an identical order coming from Trump to murder Biden would have more sway with members of the US military.

Maybe among air force officers, but you do realize that the majority of enlisted are young and minority? (It’s close, but the enlisted corps is majority minority based on a quick google). Two demographics that definitely skew blind obedience to Trump.

Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




Even if the President has immunity to whack rivals, does the same immunity apply to the individual doing the whacking?

InsertPotPun
Apr 16, 2018

Pissy Bitch stan
biden creates an etsy shop that sells nothing but asbestos filled kindereggs

DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost

Nissin Cup Nudist posted:

Even if the President has immunity to whack rivals, does the same immunity apply to the individual doing the whacking?

Presidential pardons baybee

Just gotta make sure they aren't state charges. Though I guess then you could assassinate whoever is involved with those. Supremacy Clause this!

Levitate
Sep 30, 2005

randy newman voice

YOU'VE GOT A LAFRENIÈRE IN ME

Nissin Cup Nudist posted:

Even if the President has immunity to whack rivals, does the same immunity apply to the individual doing the whacking?

judging from Trump's underlings and their arguments, yes they also get executive immunity!

C. Everett Koop
Aug 18, 2008
Legal Eagle (or adjacent) on the Willis/Wade case https://www.youtube.com/watch?v=bvOt6R1bXcg

I'm at the point where I've lost any faith that Georgia will result in anything. Willis has shown to have poor judgement at best and at worst she might be in over her head. Willis still might be DQ'd on appeal and even if the case did proceed and Trump was convinced there's an easy avenue for appeal there. What was kinda buried was that Willis is also up for reelection this fall, so even if Trump isn't reelected and therefore immune from prosecution, Willis herself might lose and if she does the case is sunk.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

gregday posted:

They probably would, but an identical order coming from Trump to murder Biden would have more sway with members of the US military.

Tell me you know little of American military culture without telling me you know little of American military culture.

mobby_6kl
Aug 9, 2009

by Fluffdaddy
It doesn't have to be SEALs though, right? That was just an example they used. Biden could just hire Blackwater Xe Academi to do it just as well.

Hobologist
May 4, 2007

We'll have one entire section labelled "for degenerates"
But what if Biden pulls a "reverse Julius Caesar" and kills the entire Senate so no one can vote for impeachment?

Murgos
Oct 21, 2010

C. Everett Koop posted:

Legal Eagle (or adjacent) on the Willis/Wade case https://www.youtube.com/watch?v=bvOt6R1bXcg

I'm at the point where I've lost any faith that Georgia will result in anything. Willis has shown to have poor judgement at best and at worst she might be in over her head. Willis still might be DQ'd on appeal and even if the case did proceed and Trump was convinced there's an easy avenue for appeal there. What was kinda buried was that Willis is also up for reelection this fall, so even if Trump isn't reelected and therefore immune from prosecution, Willis herself might lose and if she does the case is sunk.

This isn’t the kind of ruling that allows immediate appeal. The judge has to authorize it and McAfee typically says in his orders when he would be willing to grant an appeal and he explicitly did not on this one.

90% he denies the appeal and the case moves on.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
Biden doesn't need to order the military to do anything he can do with his own two hands.

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead
Not convinced that disqualifying Willis would do anything much other than maybe screw around with the timeline tbh. Now, that's plenty to make Trump happy because he thinks his escape route is "get elected, become dictator," but I'm not greatly doomy about this case.

FizFashizzle
Mar 30, 2005







Goatse James Bond posted:

Not convinced that disqualifying Willis would do anything much other than maybe screw around with the timeline tbh. Now, that's plenty to make Trump happy because he thinks his escape route is "get elected, become dictator," but I'm not greatly doomy about this case.

And he’s right.

deoju
Jul 11, 2004

All the pieces matter.
Nap Ghost

C. Everett Koop posted:

I'm at the point where I've lost any faith that Georgia will result in anything.
The phrase, "convicted felon Donald Trump," has a wonderful ring to it. And the prospect of him wearing orange greatly excites me. But the most important thing is that he loses the election in November. It could be thrown out of court as soon as the polls close, but so long as this case is an anchor on his chances it is a good thing.

Nervous
Jan 25, 2005

Why, hello, my little slice of pecan pie.
Here's hoping Trump is telling his fellow inmates there's never been anyone who's looked as good in orange a year from now.

Liquid Communism
Mar 9, 2004

коммунизм хранится в яичках

Main Paineframe posted:

If the president is assassinating members of Congress, then I at that point "does the law give presidents immunity from prosecution?" is kind of a pointless question. Murderous dictators who rule with an iron fist and the absolute loyalty of the military tend not to care very much what the letter of the law says.

Of course, back in the real world, if President Biden orders SEAL Team 6 to murder their way through his political opponents, they're going to refuse to do it.

Yes, now you understand why absolute immunity isn't a reasonable thing to even consider.

bird food bathtub
Aug 9, 2003

College Slice

Liquid Communism posted:

Yes, now you understand why absolute immunity isn't a reasonable thing to even consider.

Well apparently it's "reasonable" enough that some Justices signed on to it instead of just "lol no, the gently caress out of here with that poo poo" like a reasonable judicial system that isn't stacked with partisan hacks would do.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

bird food bathtub posted:

Well apparently it's "reasonable" enough that some Justices signed on to it instead of just "lol no, the gently caress out of here with that poo poo" like a reasonable judicial system that isn't stacked with partisan hacks would do.

Maybe they just thought of really good analogies to use in ruling against presidential immunity, and didn’t want them to go to waste.

Deteriorata
Feb 6, 2005

bird food bathtub posted:

Well apparently it's "reasonable" enough that some Justices signed on to it instead of just "lol no, the gently caress out of here with that poo poo" like a reasonable judicial system that isn't stacked with partisan hacks would do.

They signed onto it because it's completely unexplored jurisprudence where current SC members can put a permanent stamp into the history books. It's catnip.

Their intent is to draw clear lines on how far presidential immunity extends. I don't believe for a second that any of them buy Trump's absolute immunity nonsense.

Main Paineframe
Oct 27, 2010

Liquid Communism posted:

Yes, now you understand why absolute immunity isn't a reasonable thing to even consider.

Huh? That's exactly the opposite of what I'm saying.

What I'm saying is that these hypotheticals about presidents abusing immunity for the sake of all these absurd power-grab scenarios don't make any sense at all. This hypothetical president who's both willing and able to massacre his way through half of Congress isn't going to be scared of a prosecutor. I can absolutely assure you that the fear of criminal consequences is not a significant factor in why presidents generally refrain from engaging in bloody military purges of the government.

mdemone
Mar 14, 2001

Deteriorata posted:

They signed onto it because it's completely unexplored jurisprudence where current SC members can put a permanent stamp into the history books. It's catnip.

Their intent is to draw clear lines on how far presidential immunity extends. I don't believe for a second that any of them buy Trump's absolute immunity nonsense.

Alito and Thomas will absolutely find that these were official acts and therefore immune.

It will be 7-2 against.

PainterofCrap
Oct 17, 2002

hey bebe



Deteriorata posted:

They signed onto it because it's completely unexplored jurisprudence where current SC members can put a permanent stamp into the history books. It's catnip.

Their intent is to draw clear lines on how far presidential immunity extends. I don't believe for a second that any of them buy Trump's absolute immunity nonsense.

It's this.

This is what all judges on the Federal circuits on up dream about : getting a case that sets national precedent & their name in the history books.

DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost

PainterofCrap posted:

It's this.

This is what all judges on the Federal circuits on up dream about : getting a case that sets national precedent & their name in the history books.

The real question is how long they take to make the decision.

If they cared at all about the country they'd gets decision out ASAP, potentially allowing for at least some of the trials to advance before the election, but they do not appear to be in any hurry.

Nash
Aug 1, 2003

Sign my 'Bring Goldberg Back' Petition

InsertPotPun posted:

supreme court says presidents have absolute immunity.
*cut to biden tearing mattress tags off with his teeth*

Hey whoa now. I mean we are coming up with insane scenarios but let’s not go overboard here.

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Cimber
Feb 3, 2014

DarkHorse posted:

The real question is how long they take to make the decision.

If they cared at all about the country they'd gets decision out ASAP, potentially allowing for at least some of the trials to advance before the election, but they do not appear to be in any hurry.

Oh, I'm expecting it to come at the end of June on the last day of this court. Because gently caress us, that's why.

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