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re: Andrew Weissmann's intentional ignorance on checks and balances.

Posted on 4/29/24 at 4:55 pm to
Posted by Robin Masters
Birmingham
Member since Jul 2010
30105 posts
Posted on 4/29/24 at 4:55 pm to
quote:

To the extent I used that phrase at all ITT, it was earlier in the thread when Robin Masters was woefully and demonstrably wrong about the impeachment judgment clause.


Do you have a mole at the USSC? They are deciding on that argument as we type? Curious what makes you so sure. Especially considering their willingness to hear the case?

quote:

Sauer told the justices that presidents could only face criminal charges once they are impeached and convicted in the Senate. At the same time, he said such a prosecution could only happen under criminal statutes that make a “clear statement” to explicitly include the president.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424516 posts
Posted on 4/29/24 at 4:58 pm to
quote:

Do you have a mole at the USSC? They are deciding on that argument as we type?

They will almost assuredly decide it based on the same limited immunity found everywhere else in government, which has NOTHING to do with this impeachment-removal theory.

quote:

Curious what makes you so sure.

They'll have to unwind a long series of precedents that aren't really litigated in order to come to a more politicized ruling.

quote:

Especially considering their willingness to hear the case?

It's a novel Constitutional issue because this specific scenario has never made it to the USSC with a President before. The closest was the Nixon civil immunity cases from the 70s. No criminal case involving a President has made it to SCOTUS for a confirmation (or unwinding) of precedent.
This post was edited on 4/29/24 at 4:59 pm
Posted by Indefatigable
Member since Jan 2019
26824 posts
Posted on 4/29/24 at 5:02 pm to
quote:

Do you have a mole at the USSC?

Yes. I leaked the Dobbs decision.
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