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re: SCOTUS Opinion Release Day - July 1 (Trump Immunity, NetChoice, Corner Post)

Posted on 7/1/24 at 9:41 am to
Posted by boomtown143
Member since May 2019
9407 posts
Posted on 7/1/24 at 9:41 am to
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 7/1/24 at 9:41 am to
quote:

quote:

thought the expectation was to get the case remanded back to Chunkin to determine if J6 was an official act under the presidency?


That’s what they did.


So Chunkin (however you spell her name) will say Trump's acts were unoffical...at least that is the expectation.

Then Trump will appeal to the DC circuit, right?
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
54708 posts
Posted on 7/1/24 at 9:41 am to
quote:

The court in Part III of its opinion indicates that in this case "no court has thus far considered how" to distinguish between official and unofficial acts.

Moreover, Roberts continues, "the lower courts rendered their decisions on a highly expedited basis" and "did not analyze the conduct alleged in the indictment to decide which of it should be categorized as official and which unofficial" -- and it wasn't briefed before the Supreme Court.


This is big.

Signals that the may take up the issue again once thorough analysis of official vs unofficial.

They may eventually institute a "test"
Posted by tiger1014
Member since Jan 2011
12710 posts
Posted on 7/1/24 at 9:41 am to
In summary:

This goes back to lower courts who will rule that whatever Trump did was in his unofficial role not a constitutional capacity when he was president

Then this will get appealed to the dc court who will uphold it

Then it will get appealed to the scotus and by then the election will be over and functionally all this will be dead anyway
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476648 posts
Posted on 7/1/24 at 9:43 am to
quote:

Finally, hopefully this shuts that dumb argument down on here too

Thank you for that. Made a separate thread for it
Posted by CreoleTigerEsq
Noneya
Member since Nov 2007
867 posts
Posted on 7/1/24 at 9:43 am to
quote:

our taxes about to go up to pay all these legal fees


... and employ all of these new agency lawyers.
Posted by geauxtigers87
Louisiana
Member since Mar 2011
27427 posts
Posted on 7/1/24 at 9:43 am to
quote:

As for the dissents," Roberts writes, "they strike a tone of chilling doom that is wholly disproportionate to what the Court actually does today--conclude that immunity extends to official discussions between the President and his Attorney General, and then remand to the lower courts to determine 'in the first instance' whether and to what extent Trump's remaining alleged conduct is entitled to immunity."


this is strong from roberts
Posted by Kjnstkmn
Vermilion Parish
Member since Aug 2020
21900 posts
Posted on 7/1/24 at 9:43 am to
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
10220 posts
Posted on 7/1/24 at 9:44 am to
quote:

Moreover, Roberts continues, "the lower courts rendered their decisions on a highly expedited basis" and "did not analyze the conduct alleged in the indictment to decide which of it should be categorized as official and which unofficial"


Hmm. I wonder why that is?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 7/1/24 at 9:44 am to
quote:

In summary:

This goes back to lower courts who will rule that whatever Trump did was in his unofficial role not a constitutional capacity when he was president

Then this will get appealed to the dc court who will uphold it

Then it will get appealed to the scotus and by then the election will be over and functionally all this will be dead anyway

yeah pretty much... it added another 50 million steps (only slightly exaggerating) to the process

no way that case gets to trial prior to November
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138891 posts
Posted on 7/1/24 at 9:45 am to
quote:

assess in the first instance whether a prosecution involving Trump’s alleged attempts to influence the Vice President’s oversight of the certification proceeding would pose any dangers of intrusion on the authority and functions of the Executive Branch.
That is about as strong in favor of Trump's position as could be expected.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82344 posts
Posted on 7/1/24 at 9:46 am to

I just went back and looked.

So, the only 2 charges left after the Fischer case are Defrauding the US and Conspiracy against Rights.

Those are quite a stretch.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
25822 posts
Posted on 7/1/24 at 9:46 am to
Ah shite, from Thomas

quote:

Justice Thomas writes a concurring opinion in which he questions the validity of Jack Smith's appointment as special counsel. "If this unprecedented prosecution is to proceed, it must be conducted by someone authorized to do so by the American people."
Posted by CreoleTigerEsq
Noneya
Member since Nov 2007
867 posts
Posted on 7/1/24 at 9:46 am to
quote:

Finally, hopefully this shuts that dumb argument down on here too.


... and that dumb arse argument was floated around on here by all of the "baws" who fashion themselves as scholars of Constitutional law, even though they were adding words to the Constitution and making up this "impeachment and conviction in the Senate as a requirement for criminal prosecution" argument.
This post was edited on 7/1/24 at 9:53 am
Posted by Kjnstkmn
Vermilion Parish
Member since Aug 2020
21900 posts
Posted on 7/1/24 at 9:48 am to
Fox calls it:

Posted by BCreed1
Alabama
Member since Jan 2024
6978 posts
Posted on 7/1/24 at 9:48 am to
Posted by CreoleTigerEsq
Noneya
Member since Nov 2007
867 posts
Posted on 7/1/24 at 9:48 am to
quote:

this is strong from roberts


This is precisely what me and SlowFlowPro were saying in that thread, but the peanut gallery here fashioned themselves wiser.
This post was edited on 7/1/24 at 9:58 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476648 posts
Posted on 7/1/24 at 9:49 am to
quote:

This is precisely what me and SlowFloPro were saying in that thread


Indefatigable, too
Posted by BCreed1
Alabama
Member since Jan 2024
6978 posts
Posted on 7/1/24 at 9:50 am to
quote:

Kjnstkmn


And that ends this case.
Posted by JimEverett
Member since May 2020
2402 posts
Posted on 7/1/24 at 9:50 am to
Surprising he wrote that considering it is an issue in the Florida federal case.
How may justices does it take to get cert? That is a sign that an interlocutory appeal would be granted if Judge Cannon rules Jack Smith is properly appointed.
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