Posted on 06/09/2024 5:31:12 PM PDT by Sidebar Moderator
Edited on 06/10/2024 2:30:37 AM PDT by Sidebar Moderator. [history]
SCOTUS’s imminent immunity decision (it will not be narrow, not after the clown show in Manhattan) will blow the Alvin Bragg case to smithereens. The NDA was not a crime. The NDA payment by Trump’s legal counsel is alleged to have been an attempt to influence the 2016 election and only became an alleged “crime” by the method chosen for reimbursement to said lawyer.
The reimbursement was deemed by prosecutors to have been part of an alleged conspiracy to avoid disclosing the payment in FEC reports (only required well after the 2016 election) or part of a tax fraud scheme. But the “falsified” business ledgers (the alleged mechanism used to camouflage the payments to said lawyer to “unlawfully” influence the 2016 election ) were booked only AFTER Trump had been sworn in as president, specifically, throughout calendar year 2017, beginning in February).
Therefore, the clandestine series of payments were arguably an alleged attempt to avoid IMPEACHMENT, a presidential act by definition. So presidential immunity applies not just in the DC case, but in the Bragg case, too. — Sidebar Mod
If Trump gets immunity it will only be for acts as President.
The author is making the case that Presidents should have immunity from states prosecuting them over alleged violations of Federal law, and I agree. Such prosecutions are already restricted by our legal system, when applied to ordinary citizens. How much more so when being applied to a President? President Trump should be immune from the New York indictment on jurisdictional considerations alone, regardless of the larger Presidential immunity question.
He signed the checks as President which technically could be argued as an official act as all acts as President can be termed official acts but none of this will matter once the federal courts get a hold of the appeal the Bragg trial will be overturned.
Actually I may have initially mis-interpreted the author’s argument. She’s pointing out that “falsifying” the ledger to avoid impeachment, during his first term, is by definition a Presidential act. Falsifying the ledger to avoid impeachment is the only viable interpretation of one of the three crimes from which the jury was allowed to choose.
One of the other two other options was that the ledger entry was in furtherance of a tax violation (even though Trump’s tax liability increased by defining the payment as legal expenses rather hush money.
The third option jurors were given, was that the entry was made to hide a violation of Federal campaign finance laws.
I would argue that the jury instructions were so convoluted, that the jury can be assumed, beyond a reasonable doubt, to have not even understood what crimes President Trump was being charged with, let alone whether he was guilty of them.
IIRC——TRUMP HAD TURNED OVER THE DAY TO DAY OPERATIONS OF HIS BUSINESSES TO DON, JR & ERIC TRUMP.
IF it WAS TRUMP’S “SIGNATURE”, it would have been an electronic one or similar.
TRUMP WAS IN THE WHITE HOUSE THEN.
.
I think with Trump, they pick their ruling and work backwards to justify it.
They are in DC and part of the Swamp and Trump is hated there.
They did the same with Obama to come out with a ruling favorable to him. And they love them some Joe Biden.
Every criminal act cited in the indictment (34 counts of class E Felonies) is alleged to have occurred while Trump was president. Under a broad immunity ruling, the acts would be covered as the payments were made to avoid impeachment for alleged felonious acts.
Bingo.
Well put. Jury instructions basically boiled down to: here’s the man, find the crime.
I think it’s likely he’ll get the broad immunity he is
requesting, with specific carve outs for top level felonies.
This show trial in NY is going to be addressed, and it will
be destroyed during the process.
As CIC, presidents should get fairly broad covered powers,
but they shouldn’t be able to pick up a gun and kill
someone without repercussions. Other specific items that
they would not be protected from, will appear also.
Any way they can stop this nonsense in the bud, is okay
with me.
Thanks for the thoughtful feedback, FRiend.
I want to know how you got 177 words to show in the snippet.
With 3 weeks remaining in the term, there are 30 cases remaining undecided. The Court is going to have to issue an average of ten opinions a week between now and the first of July. They have been issuing about 3 a week up to now so they are going to have to pick up the pace. The next decision day listed on the calendar is Thursday, but they will soon start scheduling a second or even third opinion day each week.
You can see a list of this year’s cases here:
https://www.scotusblog.com/case-files/terms/ot2023/
(The cases that have “Held” and the court’s findings below them have already been decided. Those that remain undecided indicate the “Issue” to be resolved. The Chevron cases, the Fischer case, and the Presidential immunity case is three of the most waited-for opinions. I suspect they will be issued during the last week of June.)
That’s my read of the situation, too.
“ If Trump gets immunity it will only be for acts as President.”
That kills J6, the records at Mar Lago and anything else tied to a perceived federal crime. NY will be overturned on appeal.
I can’t say for sure that’s what they will do, but it makes sense. Presidents have always had some measure of immunity.
Nothing on immunity or Fischer today. Maybe tomorrow or likely next week, given cases on the docket from last November. .
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