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re: Roberts/SCOTUS needs to address this Trump shite right now

Posted on 12/30/23 at 4:57 pm to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124184 posts
Posted on 12/30/23 at 4:57 pm to
quote:

I "ended"

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 12/30/23 at 4:58 pm to
quote:

If Trump is elected, do you, as an American citizen, want the bullshite lawfare to persist?


What I "want" is irrelevant.

Trump interfering with a legal prosecution against him is going to be very costly for him, politically.

Do you want Trump to be impeached and possibly removed by the Senate? Because that's the kind of stuff that will put a lot of the GOP at risk of losing elections in 2026 and may force their hands to not give the DEMs a veto-proof majority
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27725 posts
Posted on 12/30/23 at 5:20 pm to
My side, a-hole
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124184 posts
Posted on 12/30/23 at 5:55 pm to
quote:

When someone has been ended in a thread, and you choose to drop another steamer on top of it, while posing as a supporter of the ended poster, it's fair for witnesses of such a forum catastrophe to ask whose side your on.
---
My side, a-hole
I appreciate your ownership of your stupidity.
I really do.

The invective wasn't sportsmanlike.
But I'm sure your admission was hard, so no offense taken.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124184 posts
Posted on 12/30/23 at 6:09 pm to
quote:

Trump interfering
Is a POTUS pardon interfering?

quote:

very costly for him, politically.
... this has been discussed ad nauseum.... IT IS WHAT THE NOVEMBER ELECTION WILL BE ABOUT, nearly in total.

You know that ... or at least, you should.

You're a bright guy. It's been explained to you.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 12/30/23 at 6:14 pm to
quote:

Is a POTUS pardon interfering?

A President pardoning himself is interfering directly.

It also likely isn't legal, but, that would take a Supreme Court decision, too.

quote:

IT IS WHAT THE NOVEMBER ELECTION WILL BE ABOUT, nearly in total.

Trump interfering with federal prosecutions against him may be referenced but will be far down the list. IF he wins and IF he interferes, then it's game on.

The DEMs will leverage that interference. These prosecutions are pretty heavily supported by the public and there will be enough pressure on moderates to put Trump in danger from impeachment and possibly removal.
Posted by Fat Bastard
coach, investor, gambler
Member since Mar 2009
73014 posts
Posted on 12/30/23 at 6:17 pm to
quote:

They want to cause a civil war


Posted by dukkbill
Member since Aug 2012
787 posts
Posted on 12/30/23 at 6:27 pm to
quote:

Especially at the Appellate level


Justice Ginsburg was a huge proponent of the party presentment rule. In one of her final opinions she wrote

quote:

court is not hidebound by the precise arguments of counsel, but the Ninth Circuit's radical transformation of this case goes well beyond the pale
when she remanded for reconsideration United States v. Sineneng-Smith

Justice Scalia appeared to share her thoughts, but she was one of the larger proponents on party presentment.

All the jurists would agree with you that party presentment is more an acute issue at the appellate level as the parties have not had a chance to try or brief the issue being presented sua sponte. A court must raise new issues on subject matter jurisdiction and can’t if a party has waived an issue. If the choose to do it in other circumstances they do risk becoming advocates and potentially deprive the parties of their chance to shape their own case



This post was edited on 12/30/23 at 6:32 pm
Posted by Gham
Member since Nov 2023
249 posts
Posted on 12/30/23 at 7:24 pm to
I thought y’all loved states rights? What’s the big deal?
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124184 posts
Posted on 12/31/23 at 12:25 am to
quote:

A President pardoning himself is interfering directly.

It also likely isn't legal, but, that would take a Supreme Court decision, too.

You really are eaten up with TDS, aren't you.

The language is clear:
"The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment."

No, a pardon is not interference, any more than an appeal is interference. It's the law.

And unless you see some sort of Presidential self-exception in the language, Section 2 is pretty clear about POTUS rights to pardon, especially as impeachment is noted as an exclusion.

Of course, your posit does raise a second question. Subsequent to a pardon, who would bring the case to SCOTUS anyway? The DOJ would immediately drop charges (which IMO will happen in the absence of a pardon). Under those circumstances, who would have standing to bring the case? Congress? Nope. Their avenue is Impeachment. SCOTUS would point out they swung. They missed. They are free to swing again.

I guess a future administration's DOJ could try ignoring the pardon, and bring the case, which would force the issue to SCOTUS?

Depending on composition of the Senate, the most significant impediment to Trump in this whole process would be Congressional approval of an AG. Trump won't give Congress a second bite at the forced AG recusal apple. So it could make for interesting political theater. Aiding Trump would be the fact that after the Merrick Garland's DOJ circus, there'll be ample blood in the water. Trump was far from the only victim of these SOBs, and weaponized law.
This post was edited on 12/31/23 at 2:28 am
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124184 posts
Posted on 12/31/23 at 12:35 am to
quote:

These prosecutions are pretty heavily supported by the public
The election will speak to that.

Trump trailed Biden in the polls until Biden unleashed a banana republic style, weaponized DOJ on to Trump.

You think the public would support a newly elected POTUS being disabled from doing his job via Judicial Branch interference? In what TDS twisted fantasy does that make sense?
Posted by davyjones
NELA
Member since Feb 2019
30276 posts
Posted on 12/31/23 at 12:41 am to
Says prosecutions are “pretty heavily” supported by the public, yet Trump’s lead in the primaries has increased, and he’s increased in the general election polls as well….all of which occurring post-indictment.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99138 posts
Posted on 12/31/23 at 4:17 pm to
quote:

A President pardoning himself is interfering directly


Lololololololol

What about when a President pardons anyone during a trial? Is that interference? That reasoning is stupid.

quote:

It also likely isn't legal, but, that would take a Supreme Court decision, too


Jonathan Turley and the text of the Constitution disagree.
Posted by LSUvet72
Member since Sep 2013
12136 posts
Posted on 12/31/23 at 4:51 pm to
You talking the Roberts who took plane rides with Epstein and was blackmailed to vote for Obamacare?

We can pray but his neck is being squeezed by the Elite Machine.

Posted by Bayoutigre
29.9N 92.1W
Member since Feb 2007
5636 posts
Posted on 12/31/23 at 11:44 pm to
Justice Roberts was arrested 2 years ago,his neck is on the line ,or has been replaced
Posted by TexSolo
Member since Oct 2023
273 posts
Posted on 1/1/24 at 1:50 am to
quote:

Roberts has skeletons that likely fill his closet.


Well there is a "John Roberts" on Epstein's flight logs. Just sayin'..
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 1/1/24 at 9:24 am to
quote:

You really are eaten up with TDS, aren't you.

I don't think Trump is guilty of "insurrection", so I don't see how that is possible.

quote:

The DOJ would immediately drop charges

We don't know this. There is an old memo, but no actual law or precedential ruling.

Assuming the Constitutional issues do require a pause, and ignoring the pardon issue (since it's very unclear in the present), they could just resolve the issue by having everyone agree to stay the case until he was out of office, then resume the prosecution once he's out of office in January of 2029.

quote:

I guess a future administration's DOJ could try ignoring the pardon, and bring the case, which would force the issue to SCOTUS?

Assuming the pardon was vali and legal, they could not.

Assuming the pardon was invalid and illegal, they could.

quote:

Depending on composition of the Senate, the most significant impediment to Trump in this whole process would be Congressional approval of an AG.

No. It would be removal by the Senate after another impeachment.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 1/1/24 at 9:28 am to
quote:

The election will speak to that.

That's not true.

quote:

You think the public would support a newly elected POTUS being disabled from doing his job via Judicial Branch interference?

I think the public supports the rule of law and the EC is designed to skew a fair representation of the national support of candidates.

Remember, if the President was elected via popular vote, it would be almost impossible for a Republican to have a hope of winning. That excess Democrat support can sway moderates after an election if Trump engages in behavior that the moderates find offensive.

I imagine there are a TON of moderates who would never imagine Trump would interfere in his various prosecutions if he won the Presidency, and they would react very unfavorably if he did. Their support of trump assumes he would be subject to the laws of the US like anyone else. It would only be a conditional support. Very few people outside of MAGA-land see this as "prosecutorial interference" and exponentially fewer see it as "judicial interference".

This post was edited on 1/1/24 at 9:30 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423383 posts
Posted on 1/1/24 at 9:35 am to
quote:

What about when a President pardons anyone during a trial? Is that interference?

Clearly.

quote:

That reasoning is stupid.

Again, Trump interfering with a legal prosecution against him is going to be very costly for him, politically.

Assuming it's legal and possible, that doesn't remove Trump from the potential political consequences (impeachment and possibly removal).

I don't see what is stupid about understanding people are going to be pissed and a LOT of GOP moderates have to run again 2 years after 2024.

Even if the DEMs couldn't use that threat to flip the GOP, they can flip the Senate bigly in 2026 if the public is also outrages (which I think enough may be).

quote:

Jonathan Turley a

Many other scholars do not agree with him.

We simply don't know until it gets to the USSC and they rule. Hence why I clearly said:

quote:

that would take a Supreme Court decision
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124184 posts
Posted on 1/1/24 at 11:12 am to
quote:

That's not true.
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