this post was submitted on 24 Dec 2023
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Special Counsel Jack Smith is scheduled to respond by Dec. 30, after which a three-judge panel will hear oral arguments on Trump's 'immunity' appeal of his D.C. indictment on Jan. 9

A federal appeals court should dismiss Donald Trump's federal felony indictment on election-subversion charges on the grounds that he has "immunity" from prosecution for acts committed while president, attorneys for Trump argued in a court filing Saturday night.

The 71-page opening brief from Trump's legal team took direct aim at Special Counsel Jack Smith's criminal charges, calling them "unlawful and unconstitutional" because under the U.S. government system the judicial branch "cannot sit in judgment over a President's official acts."

Trump's lawyers argue that the only way a current or former president can be charged for official acts is if he's both impeached by the House and convicted by the Senate. They also lean hard into an untested legal argument that Trump can't be prosecuted for acts where he did get impeached but the Senate acquitted him.

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[–] [email protected] 75 points 11 months ago (2 children)

the judicial branch "cannot sit in judgment over a President's official acts."

That's the entire premise of checks and balances.

[–] [email protected] 20 points 11 months ago

He's never struck me as understanding the slightest thing about the role of president.

[–] [email protected] 16 points 11 months ago

Also, the President has no official role in the elections process. At most, the Justice Department might investigate violations of the Voting Rights Act (what little remains), but the President wouldn't be involved in this at all.

And instructing an armed crowd to march on Congress to stop the certification of the vote of DEFINITELY not in his official duties. So even if we accept that Presidents are immune while doing official duties (which they aren't), then he's still not immune.

[–] [email protected] 72 points 11 months ago (1 children)

A president tries to subvert an election has immunity from being prosecuted for trying to subvert an election.

That’s authoritarianism.

[–] [email protected] 21 points 11 months ago* (last edited 11 months ago) (2 children)

No worries, if that's the ruling Biden can just stay in office and jail his political opponents. These idiots have absolutely no self-awareness and will say whatever they need to in the moment.

[–] [email protected] 23 points 11 months ago* (last edited 11 months ago) (2 children)

If PotUS is immune to all criminal prosecution, Biden can hunt SCotUS justices for sport.

[–] MagicShel 8 points 11 months ago* (last edited 11 months ago)

He should march down there and arrest the whole supreme court. Hold them for an hour while they think about their legal position, then send them to bed without supper.

[–] [email protected] 2 points 11 months ago

Even better, we could get an awful lot of money if he were to sell game tickets to the highest bidders. In the name of egalitarianism, I would suggest that teams should be allowed so that the lower income people can band together and pool their money for a slot.

[–] [email protected] 1 points 11 months ago* (last edited 11 months ago)

They are already accusing Biden (and other democrats) of trying to do that and worse...

[–] hpca01 35 points 11 months ago* (last edited 11 months ago) (2 children)

What the fuck is the Constitution actually good for if these fucks can just magically ascribe the meaning to random sentences written by old fucks over 200 years ago when horses were the mode of transportation.

[–] [email protected] 24 points 11 months ago (1 children)

Immunity isn't in the constitution for anyone. The supreme court just made it up at one point to try and keep themselves from being sued. I assume that's what they're appealing with here. No one knows how it works because, again, they just made it up.

[–] [email protected] 5 points 11 months ago (1 children)

Lots of immunities are in the Constitution. Others are part of the legal framework upon which the Constitution relies. And others were made up whole cloth from an incorrect reading of history (such as the special immunity conferred to LEO commonly referred to as “qualified immunity”).

[–] [email protected] 7 points 11 months ago* (last edited 11 months ago) (1 children)

Qualified immunity is among the worst things that has ever happened to this country. Maybe even worse than ruling that corporations are people but can't be given the same consequences that people are given because they're corporations with lots of money. Excuse me, I mean lots of freedom of expression.

[–] [email protected] 4 points 11 months ago (1 children)

Yeah, QI is pretty awful. The awfulness is compounded by the fact that the reasoning which created it relied upon ahistorical information and in places where it actually makes sense for some level of immunity to be available, that immunity is covered by other principles.

[–] [email protected] 5 points 11 months ago

Any immunity that police require should be covered by Good Samaritan laws.

[–] [email protected] 25 points 11 months ago (3 children)

It's been over one thousand days since the Jan 6 attack, the trial has not even begun.

The GTA 6 leaker was sentenced to life 2 weeks after it happened

[–] [email protected] 8 points 11 months ago

The GTA 6 leaks were in September 2022, so a little more than two weeks ago!

[–] [email protected] 4 points 11 months ago (1 children)

Well yeah, everyone knows you're not allowed to leak confidential information unless you're the president.

[–] [email protected] 2 points 11 months ago (1 children)

It’s okay if you’re a republican and named trump.

[–] [email protected] 3 points 11 months ago (2 children)

He wasn’t “sentenced to life.” And yes, criminal trials involving a lot of moving parts and complex legal theories take time to investigate and bring. Are you suggesting that due process and the rule of law should be ignored?

[–] [email protected] 4 points 11 months ago

Yep. He committed the leak while on bail from other cyber crime. indicated he would continue engaging in criminal behavior. Was violent towards others while incarcerated. Deemed not mentally fit. And is indefinitely held in a psychiatric facility until a point in time he seems mentally fit to be released and not continue criminal activity.

[–] [email protected] 1 points 11 months ago

Hmmmm..."due process later" - Trump

[–] [email protected] 24 points 11 months ago (2 children)

Trump’s lawyers argue that the only way a current or former president can be charged for official acts is if he’s both impeached by the House and convicted by the Senate.

So what Trump's lawyers are arguing is that Biden should legally be able to wait until the last week (not enough time for an impeachment) of his holding of office, perform an extrajudicial imprisonment of Trump in Federal prison for a week, then leave office without any legal consequences because of immunity for acts performed while president without being impeached for it?

[–] [email protected] 4 points 11 months ago

Federal prison for a week? Don't we still have Guantanamo?

[–] [email protected] 3 points 11 months ago* (last edited 11 months ago)

Under this interpretation, extrajudicial execution of TFG and all his congressional enablers (and problematic SCOTUS justices, and followers) would also be AOK. The law couldn’t touch him. Heck, with enough violence, he could head off any impeachment as well.

I don’t see SCOTUS handing that power to a Democrat.

Although knowing Democrats, they’d do nothing with the power, turn over power to Trump, and be wiped out on January 21st.

[–] [email protected] 21 points 11 months ago (1 children)

If he somehow gets granted immunity (which, despite all of the special treatment he has received and is continuing to receive, I find extremely unlikely because that would mean every single president past, present, and future would be similarly immune from prosecution for any crimes whatsoever), we need to be rioting in the streets.

I'm not healthy enough to be rioting or spending even a couple days in jail, but I'll fucking do it anyway. This is fascism with no exaggeration. If this goes through and my fellow Americans grumble and shrug their shoulders.... I don't even know. Maybe I would be rioting against everybody sitting in their houses letting it happen.

[–] [email protected] 6 points 11 months ago

That's how democracy dies. In apathetic silence.

[–] [email protected] 12 points 11 months ago (1 children)

Someone should toss that orange shitstain out a window.

A low window.

Just high enough that he’s really badly hurt. Maybe like breaking his coccyx.

[–] [email protected] 5 points 11 months ago (1 children)

At his age tripping on level ground could do it.

[–] [email protected] 3 points 11 months ago

Follow him around throwing caltrops in front of him everywhere he goes.

[–] [email protected] 3 points 11 months ago

WTF is this immunity argument? America doesn't do kings.