Donald Trump on Tuesday filed a U.S. Supreme Court brief in his bid for criminal immunity for trying to overturn his 2020 election loss, arguing that a former president enjoys “absolute immunity from criminal prosecution for his official acts.”
The case is due to be argued before the justices on April 25. Trump has appealed a lower court’s rejection of his request to be shielded from the criminal case being pursued by Special Counsel Jack Smith because he was serving as president when he took the actions at the center of the case.
The filing advances arguments similar to ones Trump’s lawyers previously have made and echoes statements he has made on the campaign trail as he seeks to regain the presidency.
“The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office,” the filing said.
I bet he could get federal officers that would arrest Trump on charges for insurrection and deny bail. And then similarly for Republican members of Congress who would support such obvious treason. It’s not necessary to execute political enemies but to enforce the law more quickly and not leave a treasonous SCOTUS in charge to undermine democracy.
I’m sure Biden could find people willing to do that. And it’s not the kind of thing Biden would do without being certain he had the people to follow through. But Biden wouldn’t do it. Which is a huge problem as SCOTUS can effectively call this bluff. That will give Trump a huge political advantage and effectively make him dictator if he wins.
The President isn’t part of the judicial branch. He makes appointments that get approved… But he’s not part of that process.
He has some political clout, but what you describe is exactly what we fear Trump will do if he’s able to fill all the slots with minions (who should know better but may break conventions and laws regardless).
It isn’t done. Even for actual crimes it goes through the judicial side.
Y’all are saying Biden should break the law and do the very same, chilling thing Trump hopes to. The balance of powers is critical to our system. It’s in need of repair, but what’s being banded about would be a major breach.
You’re missing the point that it would make it legal for Biden to do those things if the supreme court agreed with Trump. They aren’t advocating for Biden to do these things, but the obvious buffoonery of even proposing the ruling by Trump. He could murder Trump, the house impeaches, the Senate does nothing as usual, and tada it’s all legal now.
I’m not missing the point. Others are missing the reality: Biden won’t create a government that allows him to get away with it. Trump almost has.
As a practical matter, impunity works only for those who lack virtue or are willing to become the baddies out of necessity.
We can talk principles all we want. And if we do, we continue to miss the fact that Dems tend to abide laws, conventions and principles. Republicans don’t. They have the will to rule regardless of what gets trampled on the way.
People are fantasizing about how silly it is. It is one of the few checks that remained enforced when Trump was in office - separation of powers.
This isn’t diverting or silly. We just look naive.
I doubt SCOTUS would botch this, but if they do it only advantages the willing.