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Supreme Court Immunity Decision

durangodawood

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Sorry but where in the Constitution, or established law/precedent, is any of this permissible?.......by anyone?....for any reason?
These 2 are sorry excuses for SCOTUS members.
Permissibility by law is no longer an impediment. The action simply has to be enumerated in Art 2. Like granting a pardon, for instance. Any illegal act committed in the process of granting a pardon is now immune.
 
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essentialsaltes

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Sorry but where in the Constitution, or established law/precedent, is any of this permissible?.......by anyone?....for any reason?
These 2 are sorry excuses for SCOTUS members.
If pardoning someone is an "official act" (and it's hard for me to see how it isn't, as an explicit constitutional power of the office of the presidency), then Roberts' decision makes that official act immune to prosecution, regardless of any corrupt motivation.
 
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civilwarbuff

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In the D.C. case Mister Trump’s lawyers could proffer the notion that, (in the President’s mind), the 2020 election result certification had to be stopped by any means necessary, so as to defend the Constitution as per his Oath of Office.
But without evidence that is all it would be.....a notion. Any court worth its salt would throw that out. Evidence is paramount; without evidence it cannot go forward.
 
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civilwarbuff

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This is the crux of the matter: was Trump’s call for supporters to come and protest at the “Stop the Steal” rally a part of his “official duties”?
Dunno. Has any other prez supported or encouraged supporters to come out and protest a passed legislation or SCOTUS ruling that the prez disagreed with?
 
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civilwarbuff

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Any illegal act committed in the process of granting a pardon is now immune.
And what illegal act could be committed in the 'process of granting a pardon'?
 
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Pommer

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Dunno. Has any other prez supported or encouraged supporters to come out and protest a passed legislation or SCOTUS ruling?
This is what SCOTUS has given the district court to do: ascertain if President Trumps actions to gather supporters to protest the Constitutionally mandated action of the US House of Representatives was part of his “official duties”; if so, he’s immune to further legal proceedings.
 
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essentialsaltes

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HYPOTHETICALLY, if you were "Unindicted Co-conspirator 1", you could pardon the indicted person so prosecutors would have no leverage to get them to flip and testify against you for your crimes.
 
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wing2000

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That is incorrect. A POTUS can only be impeached and removed from office, nothing more. Any prosecution must come afterward.

Yes, you are correct.....after he leaves office.
 
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civilwarbuff

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$$$$ 4 pardons
You couldn't (or possibly could) stop the pardons but POTUS could be impeached and then tried for bribery or simply tried for bribery after completion of their term.
 
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wing2000

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Not in practice but definitely in theory. Of course attempting to get a bureaucratic department like the DOJ to actually comply as well as finding a judge to sign off on the warrant......good luck with that. There is, however, a precedent for your suggestion. Lincoln had newspaper editors arrested and imprisoned without warrants, ignored habeas corpus, and even had an Ohio US Rep exiled to the CSA.

...having a 100% loyal Attorney General and MAGA vetted Justice Department heads will certainly grease teh bureaucratic wheels. One only has to review Trump's attempted moves after AG Barr left the administration.
 
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civilwarbuff

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HYPOTHETICALLY, if you were "Unindicted Co-conspirator 1", you could pardon the indicted person so prosecutors would have no leverage to get them to flip and testify against you for your crimes.
Sorry, but your lack of background explanation prevents my direct response. However, there is the possibility (I am not an attorney) that a criminal act to obtain a pardon would be viewed as negating that pardon. No doubt sometime in the future that may be adjudicated.
 
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civilwarbuff

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Accepting a bribe for it.
So, while the pardon itself may (or may not) be legal the bribe is definitely not. The prez could be impeached and then tried or simply tried after out of office. IIRC an illegal act used to obtain a benefit (pardon) usually results in the benefit being revoked. Whether or not that would apply to something like this......we have to wait and see.
 
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civilwarbuff

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...having a 100% loyal Attorney General and MAGA vetted Justice Department heads will certainly grease teh bureaucratic wheels. One only has to review Trump's attempted moves after AG Barr left the administration.
Which were ultimately unsuccessful IIRC.......
 
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durangodawood

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You couldn't (or possibly could) stop the pardons but POTUS could be impeached and then tried for bribery or simply tried for bribery after completion of their term.
Not anymore with presumed immunity for any act done as part of article 2 powers.
 
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civilwarbuff

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