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re: If He Needs to, Can Obama Successfully Claim "Presidential Immunity" For His Crimes?

Posted on 7/22/25 at 10:21 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466921 posts
Posted on 7/22/25 at 10:21 am to
quote:

I gave you the pathway for jurisdiction.

No. I've asked you 2-3 times for this and you declined.

quote:

You are choosing to ignore it because it undermines your stance.


Not ignoring and responding directly to it

quote:

How did this apply, specifically? Cite the relevant portions of the code and the contemporary statuses/decisions/behaviors that apply.


Not ignoring and responding directly to it, a second time

quote:

Now we've come full circle on you not answering. I'll ask, again:

How did this apply, specifically? Cite the relevant portions of the code and the contemporary statuses/decisions/behaviors that apply.


The ball is in your court now to answer
Posted by Rohan Gravy
New Orleans
Member since Jan 2017
20679 posts
Posted on 7/22/25 at 10:28 am to
quote:

quote: There is no presidential immunity when he is OUT of office.

So, his actions, communications, etc. after Trump’s inauguration are the keys to downtown.


This is the way.


Yes

But if it gets to the point that he claims immunity

We’ve already won and everybody is else under him will go down

Hopefully
Posted by jimmy the leg
Member since Aug 2007
42269 posts
Posted on 7/22/25 at 10:42 am to
quote:

The CIC is a civilian and not subject to the UCMJ


This is incorrect as defined by the UCMJ. I noted it for you.

quote:

Any wartime provision is not only irrelevant (as there was no such wartime to trigger the status),


So we weren’t at war in Afghanistan?

Does Congress declaring “War on Terrorism” apply?

If so, who defines what / whom a terrorist is?

quote:

Further, the "Unified Executive" defines all of these terms at his will/pleasure. This authority has been hyper-inflated since January 17, 2025. So if Obama declared Russia to be an enemy per intel statutes/regs, then he has unfettered ability to do so. He can interpret any intel he receives how he wishes and order the agencies under his command to act, without possibly even judicial oversight


Russians aren’t US citizens, and as such, are irrelevant to my post.

quote:

All of these actions are core Executive functions, also, which the Supreme Court has declared gives him absolute immunity from prosecution.


So if the Supremacy Clause gives absolute immunity, why blame Trump?

Obama could be arrested and tried under the UCMJ. The pathway exists. Given that the UCMJ is federal, it has a greater chance of challenging the Supremacy Clause.

Needless to say, the USSC would (likely) hear the immediate appeal.

The USSC would, by its subsequent decision, either codify absolute immunity via affirmation of the Supremacy Clause, or create a new avenue of Presidential prosecution allowed via only the UCMJ.

It would be uncharted territory.

However, I repeat, the pathway exists.

I won’t even go into Martial Law.





Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466921 posts
Posted on 7/22/25 at 10:56 am to
quote:

This is incorrect as defined by the UCMJ. I noted it for you.

It is correct and you incorrectly cited the UCMJ

quote:

So we weren’t at war in Afghanistan?

What does that have to do with possible Russian interference with the election, exactly?

quote:

Does Congress declaring “War on Terrorism” apply?

No.

quote:

If so, who defines what / whom a terrorist is?

In this case Obama. Unilaterally (in the current legal regime)

quote:

Russians aren’t US citizens, and as such, are irrelevant to my post.

So which US citizens we were at war with?

You tried to loop in Afghanistan in this post, and then try to play the "citizen" card to avoid a direct comment on the actual issues with Russia.

quote:

So if the Supremacy Clause gives absolute immunity,

That's not what gives the President absolute immunity

Separation of Powers, does.

quote:

why blame Trump?


Who is blaming Trump?

quote:

Obama could be arrested and tried under the UCMJ. T

He cannot.

He would be absolutely immune, regardless.

How can the laws regulating the military override the Constitution?

Posted by JimEverett
Member since May 2020
1979 posts
Posted on 7/22/25 at 12:48 pm to
quote:

He won’t be charged with anything but if he is, Trump v United States is very clear that a president cannot be prosecuted for anything done while he is president.


That is completely false. The people who supply you with information are lying to you.
Posted by jimmy the leg
Member since Aug 2007
42269 posts
Posted on 7/22/25 at 2:13 pm to
quote:

You tried to loop in Afghanistan in this post, and then try to play the "citizen" card to avoid a direct comment on the actual issues with Russia.


We are at war with Russia?

quote:

How can the laws regulating the military override the Constitution?


I noted that I didn’t believe that would be the case, and the USSC would have to make that determination in my hypothetical.

Posted by Tigahs24Seven
Charlie Kirk's America
Member since Nov 2007
14596 posts
Posted on 7/22/25 at 2:55 pm to
quote:


The USSC would, by its subsequent decision, either codify absolute immunity


Well, with absolute immunity, Trump could just shoot Obama himself and get away with it by this board's standards.....so, I guess Trump can't lose.
Posted by Fun Bunch
New Orleans
Member since May 2008
128036 posts
Posted on 7/22/25 at 2:56 pm to
I would argue that acts he is being accused of clearly does not fall under what the Court laid out in the Trump case.

At all.

He should not have immunity (but probably would because...)

Not that it will ever get close to this.
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