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re: Should Joe Biden be immune from prosecution for taking bribes while in office?

Posted on 1/6/24 at 2:07 pm to
Posted by jimmy the leg
Member since Aug 2007
41988 posts
Posted on 1/6/24 at 2:07 pm to
quote:

He only filed one saying that he's absolutely immune from the prosecution.


If he wins, then Biden wins (in the short term).

In the long run, a re-elected Trump would be immune from “prosecution” as you are putting it forth.

Thoughts?
This post was edited on 1/6/24 at 2:29 pm
Posted by jimmy the leg
Member since Aug 2007
41988 posts
Posted on 1/6/24 at 3:36 pm to
No answer?
Posted by the808bass
The Lou
Member since Oct 2012
125271 posts
Posted on 1/6/24 at 3:39 pm to
quote:

So he can kill any opposing Rep/Senator who would vote to impeach or remove him, and he'd be immune for those murders?


I think this thread is the perfect example of an omphaloskeptic SFP thread.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
88716 posts
Posted on 1/6/24 at 3:46 pm to
quote:

Should Joe Biden be immune from prosecution for taking bribes while in office?
quote:

What about taking bribes after he's in office?
Oh gosh

What did Trump do now?
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79922 posts
Posted on 1/6/24 at 3:46 pm to

I think the Nixon vs. Fitzgerald logic would hold here. That was civil not a criminal case but it said immunity was applicable as long as the activity had some connection to an official presidential duty. And it seemed that what was official was very liberally applied.

But safe to say that murdering your political opponents is not an official presidential duty.
Posted by TheSadvocate
North Shore
Member since Aug 2020
4638 posts
Posted on 1/6/24 at 3:48 pm to
I knew exactly what this was an attempt at before even clicking this overdose of ignorance
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19072 posts
Posted on 1/6/24 at 3:58 pm to
No, not while in office. There is only one legal remedy, barring incapacitation and 25th amendment, and that is impeachment by 5he house and conviction by the Senate.

Now that the courts have ruled against presidential immunity surviving the office he's fair game for both the feds and every state the millisecond a new president is sworn in. This is the FAFO they will regret.
Posted by Taxing Authority
Houston
Member since Feb 2010
62538 posts
Posted on 1/6/24 at 4:26 pm to
quote:

Should Joe Biden be immune from prosecution for taking bribes while in office?
Needs clarification. Does this mean taking bribes during his term? Or does it mean prosecuted during his term?
Posted by the808bass
The Lou
Member since Oct 2012
125271 posts
Posted on 1/6/24 at 4:28 pm to
Hold up. Let him cook. No questions needed.
Posted by Colonel Flagg
Baton Rouge
Member since Apr 2010
23375 posts
Posted on 1/6/24 at 4:30 pm to
The President should have broad immunity for actions taken in office and be protected from prosecution for actions while not in office when holding the office of the President.

If we think the President should be prosecuted for something they did while not in office then they should be impeached and brought up on charges.

If we think the President should be prosecuted for something they did while in office they should be impeached for the specific action and then face prosecution for it.

The system has ways to handle it.

If the President is trying to do something heinous then the cabinet has a way to potentially stop it.
Posted by BBONDS25
Member since Mar 2008
56691 posts
Posted on 1/6/24 at 4:37 pm to
I stopped following all of the lawfare bs. It just makes me angry. Which case is he arguing he has immunity? I get the premise and I don’t think accepting bribes should get immunity. Granted, I haven’t researched the basis for the claim. I think it may be applicable if it is a charge that is a stretch.
Posted by 1BIGTigerFan
100,000 posts
Member since Jan 2007
55133 posts
Posted on 1/6/24 at 4:58 pm to
quote:

How is the chief executive officer of the government capable of overthrowing himself?

quote:

What does that have to do with bribes?

Means he has immunity from "Insurrection", because he can't insurrect himself.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465685 posts
Posted on 1/6/24 at 4:59 pm to
quote:

Impeachment conviction lifts immunity.


quote:

but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

I don't think that language creates a requirement of impeachment for prosecution.

It just clarifies that they are 2 different things and impeachment doesn't absolve a removed President from prosecution
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465685 posts
Posted on 1/6/24 at 5:01 pm to
quote:

Needs clarification. Does this mean taking bribes during his term? Or does it mean prosecuted during his term?

There have been arguments Presidents can't be liable for criminal acts after holding office, if they're somehow related to privileges afforded former Presidents, which is why I used that language (and the follow up in OP).
This post was edited on 1/6/24 at 5:01 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465685 posts
Posted on 1/6/24 at 5:04 pm to
quote:

Which case is he arguing he has immunity?

I'm going to assume he files in all of them (except the NY business records one), but this is the appeal Jack Smith tried to fast track to the USSC for the DC case, that's now at the circuit appellate level.

Of all the criminal prosecutions, this is the one the argument is strongest for possible immunity, because he was still in office, is trying to invent the "impeachment" requirement (and was impeached on this issue), and can also argue this is somewhat related to his role as President. The RICO case probably won't work b/c it's a state-based charge and the Florida case involves behaviors well after he was President.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465685 posts
Posted on 1/6/24 at 5:05 pm to
quote:

I think this thread is the perfect example of an omphaloskeptic SFP thread.

Absolute immunity means absolute immunity.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135453 posts
Posted on 1/6/24 at 5:15 pm to
quote:

So he can kill any opposing Rep/Senator who would vote to impeach or remove him, and he'd be immune for those murders?
You really are infested with TDS. I'm disappointed.

The electorate would speak to that as would Congress. Your hypothetical is as dumb as presumption a Dem POTUS could have all GOP voters killed and suffer no consequence from Dem Voters/Congressmen ...

... well, on second thought, maybe in the instance of Dems, it's not so dumb at all.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79922 posts
Posted on 1/6/24 at 5:16 pm to
quote:

I don't think that language creates a requirement of impeachment for prosecution.



It's never been tested.

So neither one of us really knows.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465685 posts
Posted on 1/6/24 at 5:21 pm to
quote:

It's never been tested.

Yes. It is now.

quote:

So neither one of us really knows.

Oh I purposefully said "I don't think".
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465685 posts
Posted on 1/6/24 at 5:22 pm to
quote:

You really are infested with TDS. I'



This thread is about Biden.

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