Posted on 06/02/2024 11:09:20 AM PDT by Sidebar Moderator
Speculation is running rampant about the need for a “hook” to get the Supremes to consider cert on the bogus Bragg conviction. Recall that the alleged “falsified” business records all supposedly occurred in 2017.
Last time I checked, Trump was president at the time. I’m not a lawyer, but if SCOTUS reaffirms broad presidential immunity (as I believe they will, definitely after the clown show in New York) on the basis of separation of powers, this will upend the J6 case, almost all of the documents case and the Fulton RICO case in its entirety. At a minimum, a broad immunity ruling could impact the Bragg case in interesting ways.
That Roberts pick was GW’s middle finger to all of us who supported him , after he feigned being a “compassionate” Conservative. My father warned me “Son, just remember, he’s a Bush!!” -— Wish I had listened.
Remember, Trump always gets the last laugh ;-)
Recall the decisive SCOTUS throw down in the ballot access issue recently.
Very true.
Good catch. He made the entries for the recurring payment recorded as legal services from February 5, 2017 to October, 2017. He was inaugurated President January 2017 when immunity would attach as President. Clearly immunity applies to official acts while in office. These is dispute however whether immunity applies to previous acts committed prior to becoming President or offenses committed while President that were not official acts of the Presidency. I am in the minority in that I think, if they file for a writ of cert for emergency review on the basis of due process violations rather than immunity, they will take it and further that it would go 6 to 3 in Trump’s favor. They understand the underlying politics of the case and when push comes to shove. in these kinds of national cases, the political instincts come out and they right the politics of the thing. If it was a Dem SC, they would not take it.
FYI Dean Phillips is the dem congresscritter who said Hochul should pardon trump.
It wouldn’t, except that the alleged “crime” of “falsified” business bookings is alleged to have occurred after Trump took office.
Who knows? I’m no longer willing to pretend to know or predict how courts will rule or what they will include in their rulings. You can no longer depend on the written law or precedent so you may as well say it depends on how the wind is blowing on any given day.
That being said, the Eleventh Circuit has ruled that the Court will no longer accept complaints against Judge Cannon, the judge in the Florida documents case.
See the ruling here:
https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:7355bd2e-1e32-471a-b253-a28be45c972f
The 34 counts were dead misdemeanors, zapped to life (as Turley would say), by alleging some other “predicate” crime that was never quite made clear. Merchan told the jury it was up to them to decide what that other crime was. Taxes, campaign finance breaches, etc. And they didn’t even have to reach unanimity. Outrageous.
“Pence is obviously a traitor”
How is he a traitor?
For sure. If this isn’t, what would be?
Sotomayor has the assignment to the Second Circuit (incl. NY).
To me, identifying a "core" from a "personal" act is a retroactive look-back at something; in the moment the President is just being the President. Example:
When President Bush was reading a storybook to kindergartners on the morning of 9/11, was that a Presidential or personal act? I'd say it was presidential as the President is out meeting the people. Was it a "core" presidential act? I think many people could debate both sides of this, saying that "core" presidential acts are those that interact with Congress or involve meeting with foreign leaders, or when acting as Commander-in-Chief.
So, if President Bush reading books to children is not a "core" Presidential act, would he not have immunity for doing it? Suppose that a parent didn't like the story Bush was reading and wanted to sue him for exposing their child to content not appropriate to the beliefs of the parents?
And then, when aides interrupted President Bush with the news of the plane crashes into the Pentagon and the World Trade Center, did Bush suddenly "snap" into core Presidential mode? In other words, is there a switch that flips on and off outside of the President's control that categorizes his minute-to-minute existence as core, non-core, and personal, or do we just say the President is in a very fluid, dynamic, and often stressful role as the sole elected official of the Executive branch, and everything he does is core to the role?
That's my take. Sorry for side-tracking the sidebar. I don't see that immunity would be an issue here if President Trump had turned over operations of his company to his children, because he'd no longer be responsible for the business transactions conducted or recorded while he was President.
-PJ
Alito was a great pick, though. But his initial instincts was to select his personal secretary!
the ‘conspiracy’ happened when payment was made and I understand that payment wasn’t made until 2017
They’ve got to be adults by now. How long could that hang over him?
Agreed that the Constitutional issues inherit in this case ALONE should trigger cert. But I still think the fallout from a broad immunity ruling will — at a minimum — necessitate evidentiary hearings to sort what was core presidential vs private.
Yes. It’s a trial balloon. Internal polling must be HORRENDOUS.
Who knows?
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