This argument should be laughed out of court. Elections are not under the purview of the President of the United States, constitutionally or statutorily.
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I am no legal scholar, but I don't see any way for a court to find Trump has that immunity but Biden doesn't. I really don't know that any high court loves Trump enough to give Biden that sort of power. Maybe I'm wrong, but I hope I'm right.
Remember, SCOTUS refused to indulge Trump's election denial claims.
That's always my first thought as well. If the President has criminal immunity, then Biden could order the FBI to arrest Trump and send him to Guantanamo without notifying any courts/lawyers/family members. He could then have prominent Republicans/right wing figures killed in "accidents."
Not that Biden would do any of that stuff, but he theoretically could. Do any right wingers really want to give Biden that much power?
Accidents my ass, Joe can start hunting SCotUS Justices for sport if they fuck up & find that a President is immune to criminal prosecution.
I’d just be happy if he dissolved the current SCOTUS then created a new one with term limits, independent ethics oversight, etc.
Congress could dissolve the Court on Tuesday if they wanted to. Impeach and removal. Not every justice has behaved egregiously enough to merit it, but it's a political decision anyway.
Don’t tempt me with a good time.
And even if they are absolutely sure that Biden wouldn't, they better also be absolutely sure there will be Republican rule in perpetuity, or the next Democrat in office could decide to go on a major revenge streak like Trump couldn't even dream of. I'm guessing they're aware of that.
If this happens, Biden should just go: "Ok, I'm president for life now until someone overturns this."
Republicans will break their necks getting that decision they want now undone.
He could send hit squads for everyone implicated in j6, end his reelection campaign and retire. If the SC rules for absolute immunity.
And a few for certain corrupt members of the SC as well.
This is definitely the legal strategy I would take if I was completely innocent of what I was being accused of.
I couldn't be guilty of trying to overthrow the government, I was the government! Also, vote for me to become president again.
Remember what this qlown said about those that plead the Fifth?
If the only person who could be convicted of it should be immune from it, then it shouldn’t be a crime. That argument is, in its face, absurd, since the people who crafted the law certainly imagined someone should be subject to it.
Every time he trots out this lame attempt to avoid accountability, this is what I think of (from Lethal Weapon 2).
Links broken.
This is the best summary I could come up with:
Trump wants the DC Circuit Court of Appeals to overturn a lower-court ruling rejecting his claims of immunity in special counsel Jack Smith’s election subversion case.
The former president has been attempting to delay his March 4 trial in the case, with his fight over the immunity claim underscoring those efforts.
The Supreme Court on Friday rejected a request from Smith for the justices to immediately hear the case before the DC Circuit had a chance to weigh in.
Trump’s team asked the appeals court earlier this month to examine the immunity ruling issued by Chutkan.
Chutkan rejected Trump’s immunity claims, writing in an opinion that his “four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”
They also warned that, in their view, Trump’s indictment “threatens to launch cycles of recrimination and politically motivated prosecution that will plague our Nation for many decades to come.”
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