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Barrett sought middle ground in Trump immunity case. This time Roberts said no
Los Angeles Times ^ | July 5, 2024 6:27 AM PT | David G. Savage

Posted on 07/05/2024 9:45:43 AM PDT by E. Pluribus Unum

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The Los Angeles Times is a Potemkin news source. It looks like a legitimate news organization, but isn't. Article presented for entertainment purposes only.
1 posted on 07/05/2024 9:45:43 AM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

I’m glad for the outcome that we got and clearly Roberts is largely to thank for that. His outlining of the boundaries of a President’s official acts sets a high bar for prosecutors to meet.

But I think ACB makes a very important point. Let’s stick with the current President who everyone knows is mentally “off” but still has full power of his office. Suppose he woke up some morning and decided to use his power to execute a foreign leader and issued the order to, say, shoot down their plane with a missile.

Would you want him to be prosecuted for this clearly “official act”? It’s a slippery slope to be sure, but there are many example that argue both ways, and only time will tell if and when we might come to regret this decision.


2 posted on 07/05/2024 9:56:55 AM PDT by bigbob
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To: E. Pluribus Unum
they threw out a Texas lawsuit seeking to block millions of American women from obtaining abortion pills.

Some physians brought this suit, and the SC rightly held that they had no injury and so lacked standing to sue.

3 posted on 07/05/2024 10:08:47 AM PDT by AndyJackson
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To: bigbob

[Would you want him to be prosecuted for this clearly “official act”? ]


No. That’s what impeachments are for. Let’s say Trump orders that Zelensky’s plane be shot down, because Europeans step up their aid to replace the hole left by Trump’s veto of additional aid, and Zelensky won’t surrender. Would you want Trump prosecuted once Democrats win the White House because Democrats couldn’t get the votes to impeach and remove Trump while he was in office?


4 posted on 07/05/2024 10:11:33 AM PDT by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room)
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To: bigbob

That’s what impeachment/convictionis for. If the Dems still don’t want to convict, they suffer at the ballot box later. At least that’s how it is supposed to work.


5 posted on 07/05/2024 10:13:23 AM PDT by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
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To: bigbob

The problem that ACB didn’t fix and Roberts pretty much did is the lawfare against the President. Basically they cannot use anything within the outer reach of his official duties as evidence of another crime. To errect not too absurd an issue, you could use the number of drinks the President has at an state function, after which he rides in the presidential limo back to the WH which he is clearly in command of as president, to accuse him in a DC criminal complaint of statory drunk driving and seek to imprison him.


6 posted on 07/05/2024 10:16:33 AM PDT by AndyJackson
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To: bigbob

ACB is turning out to be a light weight for sure


7 posted on 07/05/2024 10:26:17 AM PDT by nikos1121
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To: E. Pluribus Unum

She is Trojan Horse.
A wasted pick.
Makes me want to puke.


8 posted on 07/05/2024 10:27:22 AM PDT by willk (Local news media. Just as big an enemy to this country as national media)
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To: AndyJackson
> Some physians [sic] brought this suit, and the SC rightly held that they had no injury and so lacked standing to sue.

So now we can throw out all of the environmental lawsuits done on behalf of the Earth and let it hire its own lawyers !

9 posted on 07/05/2024 10:34:54 AM PDT by SecondAmendment (The history of the present Federal Government is a history of repeated injuries and usurpations ...)
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To: E. Pluribus Unum

We need a 50 year moratorium on Ivy League Federal Judges and Justices.


10 posted on 07/05/2024 10:36:23 AM PDT by SecondAmendment (The history of the present Federal Government is a history of repeated injuries and usurpations ...)
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To: bigbob
Here's what Alexander Hamilton had to say about this in Federalist 65:

"The punishment, which may be the consequence of conviction upon impeachment, is not to terminate the chastisement of the offender. After having been sentenced to a perpetual ostracism from the esteem and confidence, and honors and emoluments of his country; he will still be liable to prosecution and punishment in the ordinary course of law.

From what I can tell, no justice ruled and no party to the case (including Trump) argued that presidents can't be prosecuted after impeachment, even for official acts that turn out to be crimes. The actual meaning and significance of this decision is being widely misrepresented.

11 posted on 07/05/2024 10:41:54 AM PDT by The Old Hoosier (Right makes might)
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To: AndyJackson

They did not throw it out the sent it back to a lower court. Depending on the lower court ruling, this could end up back at SCOTUS in a year or so. Especially if an Emergency room physician gets fired, because they refuses to perform an abortion because the mother’s life is not in danger.


12 posted on 07/05/2024 10:42:49 AM PDT by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: E. Pluribus Unum

In order to avoid ‘tit-for-tat’ prosecutions of ex-presidents spanning into the next century and beyond, the Supreme’s had no choice but to do what they did. I agree with many on here who say much of this is still to be worked out as cases present themselves. Still, the basic decision has been made.

Trump has done some shaky things to be sure, but has there ever been a President who didn’t do some shaky things? Whats frustrating to me, by comparison, Trump went to trial for jay-walking while Obama, had they gone after him, could have been sent to trial for murder. Out of decorum and courtesy he was given a pass.

Here’s the dirty little secret: Presidents are in fact above the law. They have to do things, make decisions, and finagle political problems using solutions outside of the rules. No one with a brain denies that.

As a long held tradition and courtesy, both parties have let the other parties ‘sh-t’ go. We’ve all been frustrated by that (especially when Hillary got busted with a server in her closet or blames Benghazi and the internet), but down deep we’ve understood that politicians have to politic.

The Dems have no one to blame for themselves for making this ‘dirty little secret’ official en forcible policy, especially when what they went after Trump for was more politics than an actual serious legal matter.

In the end, impeachment was, is, and will forever be the way to hold a president accountable. That’s our system. It works. And, Supreme’s upheld it....although I am sure they wish they weren’t put into that position by the Dems.


13 posted on 07/05/2024 11:07:11 AM PDT by Mustangman
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To: SecondAmendment

Point taken but Barrett graduated rom Notre Dame Law School.


14 posted on 07/05/2024 11:08:56 AM PDT by dodger
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To: The Old Hoosier

Good point and reference to the Federalist papers, as the founders clearly were concerned about this very issue (the president becoming a defacto king). The biggest difference today is that ostracism isn’t much of a deterrent these days (just look at Bill Clinton).

But I get that impeachment is the first remedy. It’s a bit like the immunity power companies have against damages resulting from power outages. It’s unfortunate when people suffer losses but if everyone were allowed to sue when their freezers thawed, the power companies would be bankrupt. To charge a President with a crime, it must be a high bar and based on conditions and knowledge at the time. No one would want GWB charged with war crimes because he acted on the basis of intelligence that later appeared to be invalid.


15 posted on 07/05/2024 11:12:00 AM PDT by bigbob
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To: E. Pluribus Unum

Trump always talk about the “Three” great USSC justices he appointed. And I cringe every time. Trump should just come right out and say that he totally screwed up with ACB. Mr K is not a whole lot better.


16 posted on 07/05/2024 11:15:08 AM PDT by Revel
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To: E. Pluribus Unum

Oh look, Sandra Day O’Connor found a way to reincarnate herself.

ACB will be full on squishy moderate, swing vote in the next term.


17 posted on 07/05/2024 11:43:06 AM PDT by FlipWilson
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To: Revel

You might want to also direct some of your justifiable ire at the groups and senators that provided Trump with the list to pick from of those who could get confirmed by the senate.


18 posted on 07/05/2024 11:48:48 AM PDT by curious7 (uestion.)
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To: E. Pluribus Unum

Roberts’ legacy is going to be doing nothing while the Marxists destroyed the nation if the ship is not properly set back on course.


19 posted on 07/05/2024 11:55:57 AM PDT by Freest Republican (There is no tyranny that cannot be justified by imbeciles)
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To: Zhang Fei

Great opinion. I concur. 🤓


20 posted on 07/05/2024 1:05:21 PM PDT by Nervous Tick ("First the Saturday people, then the Sunday people...": ISLAM is the problem!)
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