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Fart Amplifier
Apr 12, 2003

Murgos posted:

Maybe this is dumb but if SCOTUS were to rule that the president enjoys even modest immunity to criminal prosecution due to implied article II powers then that seems to be also potentially enjoining the power of congress to impeach a president.

If SCOTUS rules that there's presidential immunity in any of the trials he's currently involved in then then the US is in purely Calvinball territory and there's no point trying to divine what the Constitution means anymore.

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Caros
May 14, 2008

socialsecurity posted:

Yeah like if you are immune to crimes unless this group of 100ish people vote to stop you, what happens if you just kill those people.

The main issue is that Dark Brandon would have to do it himself. The plumbers he hires to machine gun his political opponents would presumably still be able to be tried at the state level.

Unless they do the murders in DC, in which case he can pardon the lot.

DTurtle
Apr 10, 2011


socialsecurity posted:

Yeah like if you are immune to crimes unless this group of 100ish people vote to stop you, what happens if you just kill those people.
It comes back to political culture and norms.

As an example, in Germany the president and all members of the national and state parliament are immune from crminal prosecution or arrest unless a vote passes to nullify that immunity.

However, this happens routinely whenever a parliamentarian is being investigated for a possible crime. Also, they can be arrested if caught red handed.

The problem with Trump is that the Republicans are enabling him.

haveblue
Aug 15, 2005



Toilet Rascal
Just have to very carefully instruct your minions to only commit federal crimes. Kill your congressperson as part of an act of terror, not just murder

Staluigi
Jun 22, 2021

Fart Amplifier posted:

If SCOTUS rules that there's presidential immunity in any of the trials he's currently involved in then then the US is in purely Calvinball territory and there's no point trying to divine what the Constitution means anymore.

"the constitution is whatever 5 federalist society weirdos decide is best in their interests that point in time"

Main Paineframe
Oct 27, 2010

socialsecurity posted:

Yeah like if you are immune to crimes unless this group of 100ish people vote to stop you, what happens if you just kill those people.

I have a hard time imagining a hypothetical where a president can slaughter the entirety of Congress without any problems, but can be stopped by a single federal prosecutor.

Push El Burrito
May 9, 2006

Soiled Meat

Main Paineframe posted:

I have a hard time imagining a hypothetical where a president can slaughter the entirety of Congress without any problems, but can be stopped by a single federal prosecutor.

What if the prosecutor was Batman?

haveblue
Aug 15, 2005



Toilet Rascal
Batman is a detective not a prosecutor

The Question IRL
Jun 8, 2013

Only two contestants left! Here is Doom's chance for revenge...

haveblue posted:

Batman is a detective not a prosecutor

Obviously.

That's why we just hire his close friend, Bruce Wayne, to prosecute Trump.

Nervous
Jan 25, 2005

Why, hello, my little slice of pecan pie.

Main Paineframe posted:

I have a hard time imagining a hypothetical where a president can slaughter the entirety of Congress without any problems, but can be stopped by a single federal prosecutor.

Sounds like a job for the Pinkertons.

Ulf
Jul 15, 2001

FOUR COLORS
ONE LOVE
Nap Ghost
Homer, it’s not Batman.

DarkHorse
Dec 13, 2006

Nap Ghost

Caros posted:

The main issue is that Dark Brandon would have to do it himself. The plumbers he hires to machine gun his political opponents would presumably still be able to be tried at the state level.

Unless they do the murders in DC, in which case he can pardon the lot.

Bad news regarding the murder of Congressional representatives...

Lammasu
May 8, 2019

lawful Good Monster

Caros posted:

The main issue is that Dark Brandon would have to do it himself. The plumbers he hires to machine gun his political opponents would presumably still be able to be tried at the state level.

Unless they do the murders in DC, in which case he can pardon the lot.

Or national parks. OH! Assassin bears that kidnap congress then take them to Yellowstone.

Ravenfood
Nov 4, 2011

Caros posted:


Unless they do the murders in DC, in which case he can pardon the lot.

Conveniently, this is where they have to be to impeach him!

The Islamic Shock
Apr 8, 2021

Ravenfood posted:

Conveniently, this is where they have to be to impeach him!
Congress is now in recess motherfuckers
*starts blasting*

DarkHorse
Dec 13, 2006

Nap Ghost
A heist or chase movie but it's Congress that has to find a way into the Capital and vote on impeachment before the death squads get them

Like that Tag movie, but Democracy!

Belteshazzar
Oct 4, 2004

我が生涯に
一片の悔い無し

DTurtle posted:

As an example, in Germany the president and all members of the national and state parliament are immune from crminal prosecution or arrest unless a vote passes to nullify that immunity.

However, this happens routinely whenever a parliamentarian is being investigated for a possible crime. Also, they can be arrested if caught red handed.

But does that continue to apply in perpetuity after they have left office?

OgNar
Oct 26, 2002

They tapdance not, neither do they fart
Bunch of loving clowns

https://twitter.com/frankrunyeon/status/1777811975914897412
https://twitter.com/frankrunyeon/status/1777814057489158240

Craig K
Nov 10, 2016

puck

Trump Legal Troubles: PPS - i'm keeping the fifteen dollars

The Islamic Shock
Apr 8, 2021




I'm assuming hotlinking Twitter flies here.

The Bible
May 8, 2010


This poo poo would be so funny if he didn't have such a solid chance at winning in November.

Staluigi
Jun 22, 2021

it's still funny to me because that aforementioned "Real Chance Of Winning" keeps getting holes punched through it through comical ineptitude and own goals

his legal dumbshittery could have come at little actual consequence if he'd just stuck to certain levels of it. instead he's making own goals that take his campaign cash away and slowly drain away general voter enthusiasm for him silently in the background

single-mode fiber
Dec 30, 2012

This is like the legal version of the Four Seasons thing

Hirayuki
Mar 28, 2010


Yiggy posted:

Yes actually during the engoron trial he got pretty lippy and tried to grandstand after repeated denials from the judge. Tried to pull a speech out of his pocket and launch into it.
Even better: What he was trying to pull out of his pocket was the blanket disclaimer he kept bringing up like it absolved him of all wrongdoing!

Five Year Plan
Feb 18, 2009

Craig K posted:

Trump Legal Troubles: PPS - I'm keeping the fifteen dollars

:emptyquote:

C. Everett Koop
Aug 18, 2008

The Islamic Shock posted:

Congress is now in recess motherfuckers
*starts blasting*

Ted Cruz gulps as all of his colleagues pull out knives and look the other way at the same time.

Foxfire_
Nov 8, 2010

Murgos posted:

Maybe this is dumb but if SCOTUS were to rule that the president enjoys even modest immunity to criminal prosecution due to implied article II powers then that seems to be also potentially enjoining the power of congress to impeach a president.
A sitting president probably does have a bunch of immunity while they remain in office. Some immunity from civil suits has a settled case that I don't feel like tracking down and the reasoning there maps fairly straightforwardly to criminal stuff. Like if the president committed a DUI, they probably can't be jailed until their term ends (by time or by impeachment) because it would interfere with their constitutionally mandated duties.

The main moon logic bit that Trumps trying for is the idea that an ex-president with no duties can't be prosecuted either.

If a president is trying to avoid impeachment by jailing or assassinating congress, you've already left the land of "what is legal or not" and are in the land of "how many soldiers do you have?", it's not really a situation the legal system needs to handle

Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




If Debbs actually won one of his jailhouse runs, would the government had to have let him out then

Young Freud
Nov 26, 2006

Caros posted:

The main issue is that Dark Brandon would have to do it himself. The plumbers he hires to machine gun his political opponents would presumably still be able to be tried at the state level.

Unless they do the murders in DC, in which case he can pardon the lot.

I've said it before, but President Mass Shooter would be pretty on-the-nose for America right now.

Caros
May 14, 2008

Foxfire_ posted:

A sitting president probably does have a bunch of immunity while they remain in office. Some immunity from civil suits has a settled case that I don't feel like tracking down and the reasoning there maps fairly straightforwardly to criminal stuff. Like if the president committed a DUI, they probably can't be jailed until their term ends (by time or by impeachment) because it would interfere with their constitutionally mandated duties.

The main moon logic bit that Trumps trying for is the idea that an ex-president with no duties can't be prosecuted either.

If a president is trying to avoid impeachment by jailing or assassinating congress, you've already left the land of "what is legal or not" and are in the land of "how many soldiers do you have?", it's not really a situation the legal system needs to handle

The funny thing is that he has a vague sort of point. Rome had a severe problem where some elected officals had immunity from Prosecution which meant in practice that your opponents would wait till you were out of office then rake you over the coals for things you did in office.

It also meant that the goal for a lot of politicians became to find a way to stay in power indefinitely. Consul to proconsul or to censor etc. It creates a very real issue that politicians want to keep power (even going so far as to March an army into Rome) because if they don't their lives are ruined.

Thing is, in America this was largely a solved problem. Things you do as president as part of the job of being president are pretty much immune from review. No one is going after Obama for drone striking an American, even if that is technically murder.

Esplanade
Jan 6, 2005

cr0y posted:

Stick him in one of those glass boxes like they do in Russia but make it sound and smell proof.

Like Lenin...?

I'm okay with that.

Foxfire_
Nov 8, 2010

Caros posted:

Things you do as president as part of the job of being president are pretty much immune from review. No one is going after Obama for drone striking an American, even if that is technically murder.
Nobody prosecutes for drone strikes on Americans in foreign lands because prosecutors don't believe they are crimes, not because of presidential immunity. The pilot running the drone definitely has no presidential immunity and nobody's charging them either.

The established consensus has been that criminal acts by a president can be charged after they're no longer in office; everybody thought that Nixon would be prosecuted without a pardon

Asproigerosis
Mar 13, 2013

insufferable
One would think any immunity would be voided by the commission of a crime, especially one that isn't part of your duties. But the mere fact that scotus decided to take up the question is a national shame.

Main Paineframe
Oct 27, 2010

Asproigerosis posted:

One would think any immunity would be voided by the commission of a crime, especially one that isn't part of your duties. But the mere fact that scotus decided to take up the question is a national shame.

That doesn't really make much sense, does it? An immunity from prosecution for crimes wouldn't be worth much if it automatically stopped applying as soon as a crime was committed.

The Bible
May 8, 2010

Main Paineframe posted:

That doesn't really make much sense, does it? An immunity from prosecution for crimes wouldn't be worth much if it automatically stopped applying as soon as a crime was committed.

Reminds me of that guy in Mystery Men with the superpower to turn invisible, but only if no one is watching him, including himself.

The Islamic Shock
Apr 8, 2021
The craziest part for me is how everyone, every side of the political aisle believes Trump is going to try and go currently trying to go fully, blatantly "lol crime ain't illegal for me" and a third of the country thinks that's just loving dandy. Yes, I get that's how fascism do, but holy poo poo 100 million people just completely missing the memo of breaking democracy and the rule of law for a guy approaching his life expectancy (matters if King Don) is going to make your life, specifically, worse

The Islamic Shock fucked around with this message at 06:00 on Apr 10, 2024

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



The last decade has obliterated the faith I had in humanity as an innocent lil babe.

Asproigerosis
Mar 13, 2013

insufferable
It clearly isn't a threat to democracy since that's what ~40% of Americans want. I would say that the rule of law has been obliterated by the cowardly executive and judicial branches by using the softest gloves possible to allow trump to run circles around all of these indictments when he should have been immediately locked up for sedition and incitement Jan 6 or their second chance with the classified documents when he is a blatantly obvious national security risk.

The Lone Badger
Sep 24, 2007

So if an ex-president is immune to the law, does that mean only another ex-president can stop one?

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DeadlyMuffin
Jul 3, 2007

Asproigerosis posted:

It clearly isn't a threat to democracy since that's what ~40% of Americans want.

Whether or not something is a threat to democracy has nothing to do with how many people want it.

43.9% of the German electorate voted for Hitler in 1933, was that not a threat to democracy because a large number of citizens voted for it?

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