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Special Counsel Jack Smith Asks Supreme Court to Decide Trump Immunity – Highest Court Immediately Drops All Business to Comply With Special Counsel Request
theconservativetreehouse.com ^ | 12/11/2023 | sundance

Posted on 12/12/2023 6:48:14 AM PST by bitt

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To: Susquehanna Patriot

I was writing about the case before the SCOTUS.

Trump is saying he is immune because he was President. That is not how it works.

All this other stuff is propaganda from both sides.


41 posted on 12/12/2023 7:31:43 AM PST by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: bitt
SCOTUS only agreed to an expedited CONSIDERATION of Special Counsel's motion, and has ordered Trump's team to provide a response by December 20th.


42 posted on 12/12/2023 7:33:08 AM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Bshaw

As had been discussed a lot...impeachment is a political act, not a legal one.

The President, if convicted in an impeachment, is removed from office. It has no bearing on his culpability in a criminal case.

Let’s say a sitting President murders someone. They are impeached to get them out of office. Is it your argument that they would not stand trial for the murder? Of course they would.

Simply because the two processes use similar language doesn’t make them the same thing.


43 posted on 12/12/2023 7:34:54 AM PST by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: Prince of Space

But impeachment and criminal trials are two different things. Why is this so difficult to understand?

Impeachment is like getting tossed out of your job. Criminal cases are brought by the people and tried in courts.

Just because they use similar language does not make them the same.


44 posted on 12/12/2023 7:37:12 AM PST by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: Pete Dovgan

I am discussing the law and how it works. You are discussing the politics.

You are going to be very frustrated over the next few months.


45 posted on 12/12/2023 7:38:42 AM PST by Vermont Lt (Don’t vote for anyone over 70 years old. Get rid of the geriatric politicians.)
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To: gibsonguy
They're trying to go back to BEFORE he was impeached for the second time. He was impeached but not removed because of those charges.

And remember....just before Clinton left office, they ??? made a deal that he would never be prosecuted civilly for anything that happened while he was in office.

46 posted on 12/12/2023 7:41:59 AM PST by Sacajaweau ( )
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To: bitt

I smell a swamp rat.


47 posted on 12/12/2023 7:43:08 AM PST by 1Old Pro
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To: Jane Long

Leslie Wolf is right in there too.


48 posted on 12/12/2023 7:49:52 AM PST by blackdog ((Z28.310) My dog Sam eats purple flowers.)
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To: G Larry
I want to know asap whether the USSC has the guts to stand up for Trump and the Constitution.

What have you seen them do lately that would make you even consider that they will do the right thing here and do anything to protect Trump?

49 posted on 12/12/2023 7:55:03 AM PST by itsahoot (Many Republicans are secretly Democrats, no Democrats are secretly Republicans. Dan Bongino.)
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To: Vermont Lt
A sitting President cannot be arrested, they can be impeached. When they are no longer a sitting President, they can be charged and brought to trial.

You apparently haven't read the two main points of Trump's legal argument for presidential immunity:

1. The President is immune from prosecution for acts taken during the official conduct of his office.

2. The plain language of the U.S. Constitution may grant him immunity under the "double jeopardy" clause written into the provisions on impeachment:

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.

President Trump was ACQUITTED in his impeachment trial over the 1/6 fiasco.

50 posted on 12/12/2023 8:03:02 AM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: Bshaw
How double jeopardy not a legitimate defense, in addition to Trump’s 1st Amendment protections, as well as his Presidential immunity?

Impeachment does not constitute prosecution. Article 1, Section 3, Clause 7 of the Constitution states:

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.

51 posted on 12/12/2023 8:07:04 AM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: AnglePark; Lazamataz

With Laz one is never certain.


52 posted on 12/12/2023 8:08:55 AM PST by null and void (If you support monsters you will die in the cross fire.)
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To: Vermont Lt
Let’s say a sitting President murders someone. They are impeached to get them out of office. Is it your argument that they would not stand trial for the murder? Of course they would.

The Supreme Court is being asked to weigh in on this because there is a clear legal quandary in this type of scenario where the President murders someone and is NOT convicted in his impeachment trial (see my previous post on this topic).

The other problem here is that the whole discussion on the subject of "acquittal immunity" is that it's taking place in the context of a modern political and legal landscape that didn't exist when the Constitution was written. Specifically, it should be pointed out that any question about the legal exposure to criminal prosecution for an acquitted President in the 1790s would mainly focus on prosecution in a state court, not Federal court. That’s because there were hardly any Federal crimes listed in the U.S. criminal code at the time. The U.S. Department of Justice didn’t even exist until 1870, and the U.S. Attorney General and the various District Attorneys worked mainly in civil matters under the Treasury Department before that.

53 posted on 12/12/2023 8:09:24 AM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: Yo-Yo
... but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

There's your legal quandary right there.

Trump was NOT convicted in his impeachment trial.

54 posted on 12/12/2023 8:10:33 AM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: Jane Long

I feel bad for her makeup.

It didn’t deserve this.


55 posted on 12/12/2023 8:17:50 AM PST by WeaslesRippedMyFlesh (Wake me up when somebody tells the truth.)
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To: Alberta's Child
There's your legal quandary right there.

Trump was NOT convicted in his impeachment trial.

No quandary at all. If someone who was impeached and convicted isn't protected by double jeopardy, then someone who is impeached and not convicted isn't protected by double jeopardy, either.

56 posted on 12/12/2023 8:18:05 AM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: bitt

This dooms DJTrump. Roberts showed his colors when he rejected the court cases of Tx, etc. They asked SCOTUS to hear them out and roberts rejected it ‘cause he did not want rioting in the streets.

I guess in his mind the BLM riots didn’t exist.

What all the SCOTUS members ought to consider is that if immunity bends on one office it can be corrupted for all — like them.

But, rule of law in the US is dead anyhoo. So, it really won’t matter when Newsome is installed.


57 posted on 12/12/2023 8:22:14 AM PST by bobbo666 (Baizuo, )
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To: Alberta's Child
https://www.justice.gov/file/19386/download

Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He was Impeached by the House and Acquitted by the Senate

The Constitution permits a former President to be indicted and tried for the same offenses for which he was impeached by the House of Representatives and acquitted by the Senate.

August 18, 2000

Memorandum Opinion for the Attorney General

We have been asked to consider whether a former President may be indicted and tried for the same offenses for which he was impeached by the House and acquitted by the Senate.1 In 1973, in a district court filing addressing a related question in the criminal tax evasion investigation of Vice President Agnew, the Department took the position that acquittal by the Senate creates no bar to criminal prosecution. A 1973 Office of Legal Counsel (“OLC”) memorandum discussing the same question adopted the same position. As far as we are aware, no court has ever ruled on this precise issue. During the impeachment of Judge Alcee Hastings in the late 1980s, though, a district court and both the House and Senate passed on the related question whether an acquittal in a criminal prosecution should bar an impeachment trial for the same offenses. Each of those bodies concluded that the Constitution permits an official to be tried by the Senate for offenses of which he has been acquitted in the courts. Although we recognize that there are reasonable arguments for the opposing view, on balance, and largely for some of the same structural reasons identified in the United States’s filing in the Agnew case and the 1973 OLC memorandum, we think the better view is that a former President may be prosecuted for crimes of which he was acquitted by the Senate. Our conclusion concerning the constitutional permissibility of indictment and trial following a Senate acquittal is of course distinct from the question whether an indictment should be brought in any particular case.

Snip - more at link above

58 posted on 12/12/2023 8:22:34 AM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Yo-Yo
It's not a true "double jeopardy" argument (that's why I use quotes around the term).

It's the clear language of the U.S. Constitution (Article I, Section 3) related to impeachment that has nothing to do with the Fifth Amendment prohibition against multiple prosecutions for the same crime.

59 posted on 12/12/2023 8:23:16 AM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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To: Yo-Yo
I read that particular item yesterday, and I identified two major flaws in it:

1. It was written by a guy who is now a sitting judge on the D.C. Circuit, having been appointed by Barack Obama in 2014. Read through some of his written decisions over the last 9+ years. The guy has no credibility as a Federal judge to decide cases on the merits of the law instead of for political considerations.

2. The substance of his memorandum is flawed because he cites the U.S. Constitution extensively but acts as if history in the matter at hand began in 1973. I'm not interested in how it pertains to Richard Nixon (since he was never impeached in the first place, let alone acquitted). I'm interested in how the founders of this country would have viewed the question in the context of a legal system where the Federal courts had almost no role in criminal cases at all.

The irony of all this is that if you dig deep enough into this legal question, you may very well end up concluding that most of the U.S. Criminal Code is completely unconstitutional.

60 posted on 12/12/2023 8:30:11 AM PST by Alberta's Child (If something in government doesn’t make sense, you can be sure it makes dollars.)
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