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Started By
Message
re: Andrew Weissmann's intentional ignorance on checks and balances.
Posted on 4/29/24 at 7:51 am to GumboPot
Posted on 4/29/24 at 7:51 am to GumboPot
quote:
In all these arguments for or against presidential immunity I never hear the legislative branch's role in checking the executive. Why is that?
In a criminal case, they have none.
Well, I guess other than writing the criminal laws, but nobody is talking about that as a check, I hope, due to the universality.
quote:
I really hope SOTUS returns with a judgment basically stating, "congress get off your arse and make the determination of what is an official act and a private act".
Not their job. That's a role courts have been in for a long time. Immunity is a judicially-created rule, so the parameters are also judicial in nature.
The President isn't the first position to have this debate.
quote:
.congress has that authority through the impeachment clause in the constitution.
No they don't.
3
Posted on 4/29/24 at 7:54 am to SlowFlowPro
quote:
In a criminal case, they have none.
Of course they do. They (congress) can impeach and remove the executive or federal officer for anything, including crimes.
Posted on 4/29/24 at 7:58 am to SlowFlowPro
quote:
.quote:
congress has that authority through the impeachment clause in the constitution.
No they don't.
quote:
Article I
Section 3 Senate
Clause 7 Impeachment Judgments
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Posted on 4/29/24 at 10:12 am to SlowFlowPro
quote:
In a criminal case, they have none.
They have the power to impeach and remove a POTUS for High Crimes, etc. Once removed, the POTUS can prosecuted. That should be the standard.
The concept that an opposition DOJ should be free to malignantly go after an ex-POTUS for acts taken during the Presidency, despite legislative branch failure to remove under Article II of the Constitution for the same, is anathema to the Founders' intent and to our democracy.
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