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Arsenic Lupin
Apr 12, 2012

This particularly rapid💨 unintelligible 😖patter💁 isn't generally heard🧏‍♂️, and if it is🤔, it doesn't matter💁.


Does anybody have a guess why Alina Habba's name is still on the appeal documents in New York? I thought Trump was mad at her now.

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Murgos
Oct 21, 2010

Main Paineframe posted:

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.

Uh, what? The absurd examples aren’t supposed to make sense. They’re supposed to be absurd because the implications of the ruling are absurd.

They aren’t supposed to be a real scenario because a president that has no limits isn’t a president and this would no longer be the United States it would be some other thing.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Murgos posted:

this would no longer be the United States it would be some other thing.

I’m reconsidering my position, hmm.

Main Paineframe
Oct 27, 2010

Murgos posted:

Uh, what? The absurd examples aren’t supposed to make sense. They’re supposed to be absurd because the implications of the ruling are absurd.

They aren’t supposed to be a real scenario because a president that has no limits isn’t a president and this would no longer be the United States it would be some other thing.

Even Trump's argument of "an ex-president can't be prosecuted for official presidential acts unless he was impeached" is a pretty far cry from "the president has no limits".

H.R. Hufflepuff
Aug 5, 2005
The worst of all worlds

Main Paineframe posted:

Even Trump's argument of "an ex-president can't be prosecuted for official presidential acts unless he was impeached" is a pretty far cry from "the president has no limits".

Only when separated from his other argument of "Everything a president does during his term is an official presidential act"

Liquid Communism
Mar 9, 2004

коммунизм хранится в яичках

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.

I'm sure Trump's lawyer will be struggling hard to figure out where Gini Thomas wants to go on vacation this year.

Tesseraction
Apr 5, 2009

Arsenic Lupin posted:

Does anybody have a guess why Alina Habba's name is still on the appeal documents in New York? I thought Trump was mad at her now.

No, he's just hanging her out to dry in New Jersey. Trump world are gluttons for getting hit by the bus, getting up, dusting themselves off and then thanking Trump and asking for another.

elhondo
Sep 20, 2012
Grimey Drawer
Her best shot at revenge is to continue acting as his lawyer.

Pigbuster
Sep 12, 2010

Fun Shoe

Main Paineframe posted:

Even Trump's argument of "an ex-president can't be prosecuted for official presidential acts unless he was impeached" is a pretty far cry from "the president has no limits".

He’s also making the argument that “trying to continue being president” counts as an official act, though, which would make it okay to assassinate people as long as it helps you maintain power.

The strange future where courtrooms argue over how useful someone’s murder was.

Murgos
Oct 21, 2010

Main Paineframe posted:

Even Trump's argument of "an ex-president can't be prosecuted for official presidential acts unless he was impeached" is a pretty far cry from "the president has no limits".

The one limit you can come up with is the political one that requires 60 votes in the senate? Okay. Try again.

Randalor
Sep 4, 2011



Pigbuster posted:

He’s also making the argument that “trying to continue being president” counts as an official act, though, which would make it okay to assassinate people as long as it helps you maintain power.

The strange future where courtrooms argue over how useful someone’s murder was.

And once again I find myself asking... Trump KNOWS that he's not the president RIGHT NOW, and "just" the political rival. If the Supreme Court does say "A president has full immunity from everything they do in office", there's nothing stopping Biden from ordering Seal Team Six to take out Trump.

He HAS to know that, right?

mdemone
Mar 14, 2001

Murgos posted:

The one limit you can come up with is the political one that requires 60 votes in the senate? Okay. Try again.

67 votes. And let's not kid ourselves: had he been convicted and removed, they would now be arguing that double jeopardy attaches and he can't be prosecuted.

They're not arguing in good faith but that doesn't matter much anymore.

Gyrotica
Nov 26, 2012

Grafted to machines your builders did not understand.

Randalor posted:

And once again I find myself asking... Trump KNOWS that he's not the president RIGHT NOW, and "just" the political rival. If the Supreme Court does say "A president has full immunity from everything they do in office", there's nothing stopping Biden from ordering Seal Team Six to take out Trump.

He HAS to know that, right?

When you figure out how to get a narcissist to understand that they have responsibility for actions they take that have negative consequences on themselves, please let us know.

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

Randalor posted:

And once again I find myself asking... Trump KNOWS that he's not the president RIGHT NOW, and "just" the political rival. If the Supreme Court does say "A president has full immunity from everything they do in office", there's nothing stopping Biden from ordering Seal Team Six to take out Trump.

He HAS to know that, right?

Decorum!

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

mdemone posted:

67 votes. And let's not kid ourselves: had he been convicted and removed, they would now be arguing that double jeopardy attaches and he can't be prosecuted.

They're not arguing in good faith but that doesn't matter much anymore.

Oops, it turns out Congress never passed a law stating the exact punishment or remedy for the exact crime for which he was being impeached and later convicted by the Senate! Oh, well!

The whole argument is absurd. You cannot run a country with loving Calvinball. If Presidents have total immunity no matter what then we do not have a president, we have a king. I seem to recall we fought a war on that topic once, long ago.

Tesseraction
Apr 5, 2009

Ynglaur posted:

The whole argument is absurd. You cannot run a country with loving Calvinball.

*in full British imperial regalia* [posh laughing noises]

Blotto_Otter
Aug 16, 2013


Randalor posted:

there's nothing stopping Biden from ordering Seal Team Six to take out Trump.

He HAS to know that, right?
well, other than legality, there is the practical matter of Seal Team Six allegedly being one of the most murderous psycho MAGA units in the US armed forces, those dudes absolutely would not follow that order. imo they'd have slightly better luck finding some compliant drone pilots to drop one of those ginsu knife missiles on the green of hole 7 at the mar-a-lago golf course

kidding aside, the very nature of our two political factions means that biden is both less likely to order a political assassination, and less likely to have such an order carried out, than trump would be - and trump and his people know that and are counting on it. units like seal team six naturally tend towards murderous aggro types who are much more likely to be sympathetic to a trump type than any woke communist democrat, and the us military's command officers (who are currently at least somewhat competent and independent of the political parties) will be purged in a second trump admin and replaced with loyalists who would not refuse such orders from trump. Trump's argument is predicated on the assumption that, in practice, Biden will be unwilling and/or unable to use the military to hurt trump, even if there were no legal restrictions against it. (imo, that assumption is probably correct!)

Tuna-Fish
Sep 13, 2017

Tesseraction posted:

*in full British imperial regalia* [posh laughing noises]

Prime post/AV combo.

skeleton warrior
Nov 12, 2016


Randalor posted:

And once again I find myself asking... Trump KNOWS that he's not the president RIGHT NOW, and "just" the political rival. If the Supreme Court does say "A president has full immunity from everything they do in office", there's nothing stopping Biden from ordering Seal Team Six to take out Trump.

He HAS to know that, right?

He does not approach things strategically or with great planning. He's a narcissist who focuses on the immediate. Right now, he argues that he needs immunity. Once he has that, and the charges are cleared, he'll immediately argue that Biden shouldn't have immunity, and must be held fully accountable for all of these made-up crimes, because he doesn't care about being consistent or rational or ethical. Trump needs now what he needs now, and if that fucks him later, that's a problem for him later. He has always operated in that way.

Main Paineframe
Oct 27, 2010

Murgos posted:

The one limit you can come up with is the political one that requires 60 votes in the senate? Okay. Try again.

No? I don't know how many times I have to say it, but the threat of criminal prosecution is not one of the major limits on a president's power, and never has been.

And if it were, it'd be a pretty loving bad one, given that no president has ever been criminally prosecuted even when they did things that broke US law.

Randalor posted:

And once again I find myself asking... Trump KNOWS that he's not the president RIGHT NOW, and "just" the political rival. If the Supreme Court does say "A president has full immunity from everything they do in office", there's nothing stopping Biden from ordering Seal Team Six to take out Trump.

He HAS to know that, right?

There's lots of things stopping Biden from taking out Trump with SEAL Team Six. While I can't actually prove this, I feel extremely confident in saying that no president has ever said to themselves "Hmmm, I could just assassinate my opponent for reelection, but I don't want to be vulnerable to criminal prosecution after my term ends". That is not a thing that actually happens.

Trump's argument is dumb bullshit that will no doubt be slapped down by the court, but that doesn't mean that prosecutors are the one and only thing between us and full-on presidential dictatorship.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Main Paineframe posted:


There's lots of things stopping Biden from taking out Trump with SEAL Team Six. While I can't actually prove this, I feel extremely confident in saying that no president has ever said to themselves "Hmmm, I could just assassinate my opponent for reelection, but I don't want to be vulnerable to criminal prosecution after my term ends". That is not a thing that actually happens.

.

Assuming Nixon ordered the Watergate break in, he was sufficiently afraid of consequences to deliberately order a cover up. OTOH, things were different then.

Murgos
Oct 21, 2010

Main Paineframe posted:

No? I don't know how many times I have to say it, but the threat of criminal prosecution is not one of the major limits on a president's power, and never has been.

And if it were, it'd be a pretty loving bad one, given that no president has ever been criminally prosecuted even when they did things that broke US law.

Alternatively, every president has understood that they may face criminal penalties for their actions and have refrained from pushing the limits of what could be excused under the nebulous rules of decorum.

It’s pretty clear Tricky Dicky thought he had gone to far otherwise he wouldn’t have resigned so that Ford could pardon him.

Gyrotica
Nov 26, 2012

Grafted to machines your builders did not understand.

Murgos posted:

Alternatively, every president has understood that they may face criminal penalties for their actions and have refrained from pushing the limits of what could be excused under the nebulous rules of decorum.

It’s pretty clear Tricky Dicky thought he had gone to far otherwise he wouldn’t have resigned so that Ford could pardon him.

Nixon only resigned because there were enough Republicans willing to convict him during an impeachment proceeding. He didn't resign because he was caught, he resigned because he didn't think he could get away with it.

gregday
May 23, 2003



https://www.ajc.com/politics/breaking-fulton-judge-allows-trump-others-to-appeal-fani-willis-removal-ruling/Z7NZGYJVXRDGDFEBMCWPSTBIEQ/

Madkal
Feb 11, 2008

Fallen Rib

Main Paineframe posted:

No? I don't know how many times I have to say it, but the threat of criminal prosecution is not one of the major limits on a president's power, and never has been.

And if it were, it'd be a pretty loving bad one, given that no president has ever been criminally prosecuted even when they did things that broke US law.

There's lots of things stopping Biden from taking out Trump with SEAL Team Six. While I can't actually prove this, I feel extremely confident in saying that no president has ever said to themselves "Hmmm, I could just assassinate my opponent for reelection, but I don't want to be vulnerable to criminal prosecution after my term ends". That is not a thing that actually happens.


Might be one of those "unwritten things" where no one else has ever done it before because of course no one else has done it before, and then comes an oblivious buffoon like Trump who says I'm gonna do this and everyone else just shrugs because they actually don't know what to do in a situation where a president just starts murdering political opponents.

Cimber
Feb 3, 2014

Ok, so lets just stop following Georga for the next year, because nothing will be happening with THAT case. Assuming the case doesn't get dismissed later.

Tesseraction
Apr 5, 2009

I'm annoyed we haven't heard anything new from Carroll/Kaplan in recent days. I demand Defamation III.

Cimber
Feb 3, 2014

Tesseraction posted:

I'm annoyed we haven't heard anything new from Carroll/Kaplan in recent days. I demand Defamation III.

or defenestration I?

Tesseraction
Apr 5, 2009

Pretty sure the court is at street level, but then Trump looks like he could break his knees going above a slow shuffle.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Cimber posted:

Ok, so lets just stop following Georga for the next year, because nothing will be happening with THAT case. Assuming the case doesn't get dismissed later.

Coward of a judge.

Main Paineframe
Oct 27, 2010

Hieronymous Alloy posted:

Assuming Nixon ordered the Watergate break in, he was sufficiently afraid of consequences to deliberately order a cover up. OTOH, things were different then.

The consequence Nixon feared was losing the presidency. He covered it up to avoid the revelation of an embarrassing political scandal right in the middle of his reelection campaign. If he hadn't covered it up, then the full impact of the scandal would have broken in fall 1972. Instead, his obstructionism managed to delay the most damaging revelations until well after Election Day...though, in the end, the coverups are what doomed him, since they encouraged deeper investigations that eventually unearthed far more damaging stuff that probably wouldn't have come out otherwise.

Murgos posted:

Alternatively, every president has understood that they may face criminal penalties for their actions and have refrained from pushing the limits of what could be excused under the nebulous rules of decorum.

It’s pretty clear Tricky Dicky thought he had gone to far otherwise he wouldn’t have resigned so that Ford could pardon him.

Nixon resigned because he was going to be impeached anyway, as his own party had openly turned against him in Congress. Faced with the inevitability of losing the presidency, he chose to make his exit on his own terms so that he could immediately start working on rebuilding his reputation.

There's no indication that the pardon was actually connected to the resignation in any way. While there were many accusations of a behind-the-scenes bargain at the time, no real evidence has ever emerged in all those decades since. Every indication so far is that Ford actually really was just that stupid and naive.

Madkal posted:

Might be one of those "unwritten things" where no one else has ever done it before because of course no one else has done it before, and then comes an oblivious buffoon like Trump who says I'm gonna do this and everyone else just shrugs because they actually don't know what to do in a situation where a president just starts murdering political opponents.

No one's done it before because if a president orders the military to assassinate his opponent in the election, the military will refuse. While the military follows the orders of the commander-in-chief, their loyalty is to the Constitution (and thus to the legal role and powers of the presidency as described in the Constitution) rather than to any individual president. If a president orders them to do something blatantly unconstitutional, there's nothing to stop them from just refusing the order (practically speaking, there's not a whole lot that the president can really do about it), and it's unlikely that they're going to be particularly inclined to follow this particular order.

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

Hieronymous Alloy posted:

Coward of a judge.

my guess is appeals goes "yeah whatever" and tosses it back.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Dapper_Swindler posted:

my guess is appeals goes "yeah whatever" and tosses it back.

Appeal process will cause delay. This is the judge punting.

Ginger Beer Belly
Aug 18, 2010



Grimey Drawer

Main Paineframe posted:

No one's done it before because if a president orders the military to assassinate his opponent in the election, the military will refuse. While the military follows the orders of the commander-in-chief, their loyalty is to the Constitution (and thus to the legal role and powers of the presidency as described in the Constitution) rather than to any individual president. If a president orders them to do something blatantly unconstitutional, there's nothing to stop them from just refusing the order (practically speaking, there's not a whole lot that the president can really do about it), and it's unlikely that they're going to be particularly inclined to follow this particular order.

This. Even if you granted that the president has blanket immunity, that immunity would not extend to everyone criming on his behalf. There's tons of precedence around the duty of servicemembers to disobey patently illegal orders, and "I was just following orders" is very broadly understood to not be a defense in those cases.

The president can pardon a court-martial though, so we have that going for us.

C. Everett Koop
Aug 18, 2008

Gyrotica posted:

Nixon only resigned because there were enough Republicans willing to convict him during an impeachment proceeding. He didn't resign because he was caught, he resigned because he didn't think he could get away with it.

Main Paineframe posted:

Nixon resigned because he was going to be impeached anyway, as his own party had openly turned against him in Congress. Faced with the inevitability of losing the presidency, he chose to make his exit on his own terms so that he could immediately start working on rebuilding his reputation.

Nixon resigned because the Republicans weren't going to go down on his ship. Once the smoking gun tapes were released and Congressional Republicans were starring a blue wave in the face, they made the only move they had left and cast Nixon aside, with Nixon being enough of a party man to recognize when the game had been lost. That doesn't exist now with Trump and these Republicans; they're fully tied to him and Trump isn't a party man, Trump is the party. There's no scenario in which Republicans turn on Trump and there's no scenario in which he'll ever resign.

Main Paineframe posted:

No one's done it before because if a president orders the military to assassinate his opponent in the election, the military will refuse. While the military follows the orders of the commander-in-chief, their loyalty is to the Constitution (and thus to the legal role and powers of the presidency as described in the Constitution) rather than to any individual president. If a president orders them to do something blatantly unconstitutional, there's nothing to stop them from just refusing the order (practically speaking, there's not a whole lot that the president can really do about it), and it's unlikely that they're going to be particularly inclined to follow this particular order.

In theory, it could be another Archibald Cox scenario: if Seal Team Six won't do it, then maybe Seal Team Two or Seal Team 12 or Task Force X or whomever. Either you find the one person who's willing to kill whomever or is MAGA brained enough to be loyal to Trump over the Constitution, or a career person sees enough people in line ahead of them be dismissed by the President to swallow their pride and do what's best for their personal bottom line. If Presidential Immunity is ruled to be all-encompassing and Congress has made it clear that they can't/won't keep the President in check, then any President who's willing to take a mad idea to its conclusion will knock off anyone who looks like a threat.

That scenario requires a lot of systems failing and a lot of weak links in chains, but given what we've seen it can only be ruled improbable, not impossible.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

C. Everett Koop posted:

.

In theory, it could be another Archibald Cox scenario: if Seal Team Six won't do it, then maybe Seal Team Two or Seal Team 12 or Task Force X or whomever. Either you find the one person who's willing to kill whomever or is MAGA brained enough to be loyal to Trump over the Constitution, or a career person sees enough people in line ahead of them be dismissed by the President to swallow their pride and do what's best for their personal bottom line. If Presidential Immunity is ruled to be all-encompassing and Congress has made it clear that they can't/won't keep the President in check, then any President who's willing to take a mad idea to its conclusion will knock off anyone who looks like a threat.

That scenario requires a lot of systems failing and a lot of weak links in chains, but given what we've seen it can only be ruled improbable, not impossible.

There is also the simple situation that the president can pardon other people's crimes and arguably his own while he remains in office; the only limits are impeachment and the political process.

All he really needs, once in office, is a congress that will refuse to impeach him and underlings willing to commit open crimes under promise of pardon, and he has both.

Hieronymous Alloy fucked around with this message at 18:11 on Mar 20, 2024

Donkringel
Apr 22, 2008
List of properties that will/may be seized.


Letitia's List posted:

Trump Park Avenue, New York, N.Y.
Trump Tower, New York, N.Y.
40 Wall Street, New York, N.Y.
Seven Springs, Westchester County, N.Y.
Trump International Hotel and Tower, Las Vegas, Nevada
Mar-a-Lago, Palm Beach, Florida
Trump National Golf Club Westchester, Briarcliff Manor, N.Y.
Trump National Golf Club Charlotte, Mooresville, North Carolina
Trump National Golf Club Colts Neck, Colts Neck, New Jersey
Trump National Golf Club, Washington, D.C., Sterling, Virginia
Trump National Golf Club Hudson Valley, Hopewell Junction, N.Y.
Trump National Golf Club Jupiter, Jupiter, Florida
Trump National Golf Club Los Angeles, Rancho Palos Verdes, California
Trump National Golf Club Philadelphia, Pine Hill, New Jersey
Trump International Golf Links Scotland (Aberdeen)
Trump International Golf Links Scotland (Turnberry)


Blatant speculation but if the properties are seized I wonder what the odds are that they find MORE classified documents that I could see Trump leaving around because he forgot about them.

Uglycat
Dec 4, 2000
MORE INDISPUTABLE PROOF I AM BAD AT POSTING
---------------->

Ginger Beer Belly posted:

There's tons of precedence around the duty of servicemembers to disobey patently illegal orders, and "I was just following orders" is very broadly understood to not be a defense in those cases.


I get that there's legal precedence that soldiers have a duty to disobey such orders, but is there any precedence of soldiers actually refusing such orders?

yronic heroism
Oct 31, 2008

Cimber posted:

Ok, so lets just stop following Georga for the next year, because nothing will be happening with THAT case. Assuming the case doesn't get dismissed later.

Meh. Wouldn’t have gone to trial before November anyway.

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Cimber
Feb 3, 2014

yronic heroism posted:

Meh. Wouldn’t have gone to trial before November anyway.

If you are going at Donald loving Trump, Ex president, current nominee and all around shitheel who is known for delay tactics you sure as gently caress had better have a goddamn clean house because everyone loving knows he's going to do anything in his power to muddy the waters. What the gently caress was she THINKING. GAAAAAH.

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