Fri. Oct 4th, 2024

Trump applauds Supreme Court ruling on presidential immunity

By nr39r Jul3,2024
News

At the January 6 trial, the former president could only be charged with “unofficial acts”. A trial before the election is unlikely.

Today’s Supreme Court ruling concludes the session. Monday, July 1, in the Trump versus USA case, it determined that Donald Trump has absolute presidential immunity to some extent. In front of the colonnaded building, police are there, but the gathering is tiny. Washington resigns.

A Pennsylvania artist who’s attended every Trump trial shrugs: “I came to see it all fall apart…” Nadine Seiler, another regular: “Angry. I knew it would happen, yet I’m upset. They delayed, delayed, delayed, and Trump won’t be held accountable for January 6th until the election.”

Incitement to revolt

Its what? Indictment by Special Counsel Jack Smith of Trump’s 2020 election meddling occurred on August 23. The “January 6th” federal criminal trial. Trump faces charges of conspiracy to defraud the US, obstruction of due process, and voter suppression. His plea is not guilty.

He was set to stand trial on March 4, but his lawyers claimed presidential immunity in October 2023. Trump appealed Judge Tanya Chutkan’s early December 2023 ruling. In early February, the Court of Appeals confirmed Chutkan’s ruling after hearing his lawyers in January.

Trump returned to the Supreme Court, which stated on February 28 that it would hear the case on April 25. By accepting it, Jack Smith’s trial was delayed. After almost four months, it made its final ruling. Naturally, it heard the last case.

The Colorado case, which deemed Trump ineligible for office for inciting an insurrection, was decided in less than nine months, allowing him to appear on the ballot for Super Tuesday, the Republican primary.

“Within the scope of his official responsibility”

“We conclude that under our constitutional separation of powers structure, the nature of presidential power requires that a former president be immune from prosecution for official acts while in office,” wrote John Roberts and the five conservative justices: Neil Gorsuch, Samuel Alito, Clarence Thomas, Brett Kavanaugh, and Amy Coney Barrett.

Presidents must “execute the duties of his office fearlessly and fairly” without persecution, Roberts said. This immunity is presumed for activities “within the scope of his official responsibility,” but the Justice Department must prove that a lawsuit “would not impinge” on executive branch power and functions. “For non-official acts, there is no immunity,” he said.

Trump called Truth Social’s ruling a “HUGE WIN FOR OUR CONSTITUTION AND DEMOCRACY.” Proud to be American! Some consider the Supreme Court personal. On January 6, 40 people attacked and seriously injured police officer Aquilino Gonell, who vented: “There should be no immunity for a former president or candidate who tried to overthrow a democratic institution by inviting thousands of people to the Capitol and then incited them to attack.”

Its constitutional role

How does the decision affect Trump’s indictment? The court examined the four conduct categories. Immunity protects his post-election Justice Department discussions. The relevant behavior is redacted from Jack Smith’s indictment.

Trump wants his attorney general to investigate election fraud and write to the states. But he refused. “Trump repeatedly threatened to replace him,” the decision says. No longer prosecutable.

The Court does not rule on his claimed pressure on his vice president Mike Pence to block electoral vote certification. It says “whenever the president and the vice president discuss their official responsibilities, they perform an official act.” As Senate president, the vice president certifies votes, not the executive branch. The government—Jack Smith—must establish it can overcome supposed immunity.

Finally, for her role in creating a parallel electoral college and her behavior during her supporters’ Capitol storming, the Supreme Court remands the case to the district court. In these two circumstances, Tanya Chutkan must decide if her behavior was official or not.

King above the law

Justice Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson wrote the dissent. The ruling creates “a lawless zone around the president,” she wrote. The majority argued that he can now avoid criminal prosecution when using his official responsibilities. He orders a special operations unit to kill a political rival? The man is immune. He uses a military coup to stay in power? The man is immune. He accepts bribes for presidential pardons? immunity, immunity, immunity… The president becomes king above the law when he exercises his power.

Chutkan must have a hearing to define official acts soon. She warned in January that Trump’s lawyers would have three months to prepare for trial. If she rushed, she could schedule it in October, after the presidential campaign and before the election, but it would be tight. If the trial doesn’t happen before the election and Trump wins, he can drop it since it’s federal.

In the “kickback” case involving Stormy Daniels, Trump was found guilty of falsifying the Trump Organization’s accounts to influence an election. His sentencing is slated for July 11, but he wants it postponed because the prosecution used evidence during Trump’s time in office. Their usage is prohibited by the Supreme Court. His Florida classified document trial and Georgia 2020 election overturn trial are on hold.

“I don’t forget…”

With this ruling, the Supreme Court has influenced the approaching presidential election. Because the January 6 trial mattered most. This is intolerable to Gonell: “The former president and his supporters say January 6 was nothing, so ignore it. I remember. I remember my right foot scars every time I put on shoes. Some arm movements also remind me. As unpleasant as it is, I must warn others when I hear that the Supreme Court is prolonging the inevitable by declaring immunity for him. Destroying democracy is not official.”

When asked about his debate performance, Gonell, who is now aiding Joe Biden’s campaign, adds, “I tell doubters, ‘You think things are bad? Do you want a dictatorship? Because Donald Trump wants to do that if reelected. Joe Biden doesn’t promise to forgive my attackers.”

Darkness permeates the Supreme Court. Wisconsin visitor Mike and his family are there by happenstance and think it’s “pretty cool” to watch history. He disliked the debate. But Biden should run: “There will be a whole group to help him make decisions, the question is less the man than the party and I’m more worried about seeing the Republican Party dominate.” Nadine Seiler: “I want him out. I’m realistic—it wouldn’t help. Replacement candidates have historically lost.” They trust the ballots.

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By nr39r

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