Posted on 07/01/2024 7:48:23 AM PDT by Tench_Coxe
The Supreme Court ruled Monday in Trump v. United States that a former president has substantial immunity from prosecution for official acts committed while in office, but not for unofficial acts.
The Court sent the matter back down to a lower court, as the justices did not apply the ruling to whether or not former President Trump is immune from prosecution regarding actions related to efforts to overturn the results of the 2020 election.
(snip)
(Excerpt) Read more at foxnews.com ...
IMO it does more than that. presumption of immunity for outer perimeter executive action. Smith would have a mountain to climb to get past that one on this issue. Especially taken in concert with the obstruction decision Friday. IOW, stick up your backside Smith.
I was really hoping the SCOTUS would go ahead drive a stake through the heart of this BS.
6-3 ruling.
The JURY will decide if an act is official or not-official.
This will not help Trump with a DC jury.
Justice Thomas in a concurring opinion questioned the validity of Smith’s appointment as special counsel.
It’s been a rough 7 days for the fascist bastards who rule us
‘absolute immunity for constitutional duties’
So, Trump’s J6 actions will be spun by Ds as “extra constitutional”, which might play in a DC court-—that’s my glass half empty perspective
He would enjoy that......................
Sucks....still puts Trump’a fate in the hands of the racist, Marxist Obama judge in D.C.
The decision makes it a lot easier for a judge to exercise his or her discretion and dismiss the case before it is even heard. Even DC judges who would love to see Trump prosecuted don't want to get their hands slapped by a higher-court reversal. Probably doesn't make Trump completely immune to such cases but it does make it a whole lot harder for the DA to make a case and for any conviction to survive appeal.
“...The court sends the case back to the district court for it to determine other things, such as “whether a prosecution involving Trump’s attempts to influence the Vice President’s oversight of the certification proceeding in his capacity as President of the Senate would pose any dangers of intrusion on the authority and functions of the Executive Branch...”
Glass full for the lower Court to continue election interference?
It helps Trump with everything. The official-acts-vs-unofficial-acts question will not be resolved until after Trump is well ensconced in the Oval Office, and perhaps after he finishes his term. We have months and months and even years of litigation coming on this. No matter what the DC jury decides, it will be appealed, first to the DC Court of Appeals and then back to the Supremes.
This will take AGES.
I am not a lawyer, but your comment makes no sense. Juries in criminal cases decide if a person is guilty of a crime, a crime as codified by law. Juries do not decide what is a crime and what is not a crime. The prosecutor is the one who must charge for a codified crime. So the definition of ‘official’ has to come from outside the jury, a criminal code, a judges instructions, etc. The jury cant make it up. This was the problem with the NY case. The judge gave incorrect and illegal jury instructions. JMO.
It’s a rebuttable presumption, unlike the core Constitutional authorities. Rebuttable presumptions are overruled every day.
“The JURY will decide if an act is official or not-official.“
Wrong. Immunity claims have to resolved before trial. So the trial judge will make his/her determination of what acts are official (requiring the charge to be dismissed) and what are not. The you can expect both Trump and Smith to appeal to the circuit court any decision with which they disagree, and then a subsequent appeal to SCOTUS again. All of this has to occur before they can even begin preparation for an actual trial.
In other words, moving WH documents to FL are well within his powers.
We all knew this.
“So, Trump’s J6 actions will be spun by Ds as “extra constitutional”, which might play in a DC court-—that’s my glass half empty perspective”
They probably will, but then that decision will be appealed to the circuit court, and then to SCOTUS again. In the meantime, the trial will still be on hold.
You mean like the presumption of innocence? I’d rather have the presumption on my side than the other. In a ruling on the issue at hand in the Florida court, Trump wins.
In any event, nothing going forward on this mess till after the election.
He ain’t wrong
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