Posted on 02/06/2024 7:33:27 AM PST by bitt
A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, rejecting the former president’s claims that he is immune from prosecution.
The decision marks the second time in as many months that judges have spurned Trump’s immunity arguments and held that he can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. But it also sets the stage for additional appeals from the Republican ex-president that could reach the U.S. Supreme Court. The trial was originally set for March, but it was postponed last week and the judge didn’t immediately set a new date.
The trial date carries enormous political ramifications, with the Republican primary front-runner hoping to delay it until after the November election. If Trump defeats President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases or he potentially could seek a pardon for himself.
The appeals court took center stage in the immunity dispute after the Supreme Court last month said it was at least temporarily staying out of it, rejecting a request from special counsel Jack Smith to take up the matter quickly and issue a speedy ruling.
The legally untested question before the court was whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties.
(Excerpt) Read more at nypost.com ...
Disagree. Article I, Section 3, clause 7 is less than clear whether impeachment is a predicate for potential criminal liability.
They don’t care. That or there is money in shit stirring.....
I think its more hatred because things didn’t go their way. Add in annoyance at the level of not just support, but outright love Trump consistently gets. This love and support tends to trigger some around here into petty name calling. One of the most outlandish was the attempt to label people Trump cultists. Some of them push their way onto Trump rally threads just to throw out insults and start fights. In the past few weeks it has taken the threat of reporting them for harassment to get order restored. The more vile posters have been removed from Free Republic. Kudos to the Mods and Jim Robinson for that. Sadly, the mindset of these people is pathetic.
202o election interference as apposed to the democrat’s voter fraud and stealing the 2020 election, yeah right
All former living presidents are on the hook for lawsuits if this goes through.
(I know...LOL)
Exactly, and that is what everyone here is missing.
Oh, the local Miami media is THRILLED with this decision. Mega coverage on it, because the Democrats and the local Miami media (same thing) HATE Donald Trump.
Agree, do you think based on this that the Supreme Court will decline to hear this case?
Even sitting presidents. Clinton vs Jones, for example.
Correct decision as our elected officials are not above the law.
You are wrong about this decision...Presidents can not make decisions while in power and worry about being prosecuted for those official acts after they leave office. This would open up the office to a lot of issues. Can you imagine Reagan being indicted for Iran Contra or Kennedy for the bay of pigs or Obama for Fast and Furious.....this will be overturned by SCOTUS
“What’s next, a higher appeals court or the Supreme Court?”
Trump can request an appeal to the full DC circuit. The full circuit can accept the case, or let the en banc ruling stand.
If this is the case, Trump will then immediately appeal to SCOTUS.
Regardless, Jackoff’s March political show trial is dead, and will likely not be resolved this year, or next, if ever.
Since the three-judge opinion is not at odds with any previous decision of the appeals court or at odds with Supreme Court precedent, it is unlikely that the appeals court will accept an en banc appeal.
The Supreme Court will not dissipate the Judiciary branch’s powers relative to the Executive branch. They will affirm.
What do you mean they will affirm it? This is a travesty as Trump was president. still January 6 …he had immunity! Are you telling me the Supreme Court will not hear it and let the ruling stand from the appellate court? If so, this was the magic card they’ve been waiting for to drive the stake into Trump’s heart. I don’t understand all this legal crap, but I can tell you that the DC appeals cord without a skip, they ruled against Trump because they know that a DC court would never implicate a Democrat President. Our justice system has turned to crap….we are living in a communist HELL HOLE!!! Roberts is the number one enemy of Trump in the Supreme Court. He will do everything possible to help the left. And another thing why do you think Nikki Haley has not removed herself from the running? The Democrat billionaires and rats she has befriended are advising her to stick around. Sounds like they too have conspired together with the corrupt judges to destroy Trump!
“This is bad news for Biden and Obama.
There is a reason that previous administrations did not go after their opponent when the election was over. That is because the next person to get into office could go after them.”
Based on this decision, it’s obvious that Ken Paxton, AG of Texas, should immediately file murder or manslaughter chargers against Biden for the death of Lance Cpl. David L. Espinoza, 20, of Rio Bravo, Texas during the withdrawal from Afghanistan.
Let’s see how far this ruling reaches....
Does that mean that some conservative prosecutor can now go after obama for his killing of an American citizen?
You are wrong about this decision...Presidents can not make decisions while in power and worry about being prosecuted for those official acts after they leave office. This would open up the office to a lot of issues. Can you imagine Reagan being indicted for Iran Contra or Kennedy for the bay of pigs or Obama for Fast and Furious.....this will be overturned by SCOTUS
Official acts done under the color of office gives a president immunity. However, acts outside of what is considered the color of office provides no immunity.
Think of it as sovereign immunity/qualified immunity. In the instant case, the plaintiffs are claiming that Trump fomented an insurrection which, by its very nature, is not an act done under the color of the office of the presidency.
Instead of the total immunity argument, I think that the Trump was tried by congress but not convicted by congress is a better argument. Also, by even the most liberal interpretation of insurrection, no insurrection occurred on January 6th.
You are wrong about this decision...Presidents can not make decisions while in power and worry about being prosecuted for those official acts after they leave office. This would open up the office to a lot of issues. Can you imagine Reagan being indicted for Iran Contra or Kennedy for the bay of pigs or Obama for Fast and Furious.....this will be overturned by SCOTUS
Official acts done under the color of office gives a president immunity. However, acts outside of what is considered the color of office provides no immunity.
Think of it as sovereign immunity/qualified immunity. In the instant case, the plaintiffs are claiming that Trump fomented an insurrection which, by its very nature, is not an act done under the color of the office of the presidency.
Instead of the total immunity argument, I think that the fact that Trump was tried by congress but not convicted by congress is a better argument. Also, by even the most liberal interpretation of insurrection, no insurrection occurred on January 6th.
Typically, MSM is inaccurate in it’s writings.
The Supreme Court will dodge ANY CASE it can but dodging a case involving an x President is hard to say nothing of the likely NEXT President.
The subject of AT LEAST “limited” immunity, in my humble opinion, is MOOT. A president could not function if EVERY FN thing he does is subject to the rampant bias of District Attorneys across the fruited plain.
Catturd ™
@catturd2
So ... according to a DC appeals court ...
Barack Obama doesn’t have Presidential immunity.
Bill Clinton doesn’t have Presidential immunity.
George Bush doesn’t have Presidential immunity.
Joe Biden doesn’t have Presidential immunity.
Good to know.
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