DC Circuit Hears Trump Argument That He’s Above The Law – TPM – Talking Points Memo

The D.C. Circuit Court of Appeals hears arguments on Tuesday over Donald Trump’s claim that he can’t be prosecuted for acts he took while in office.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1477427

What a low foul odour(Brit spelling) emanates from the Former Guy. Human filth. Low life. Scum.(My Mom always said not to say anything if you can’t say something nice. These are my kindest words for Mr. Trump. Don’t get me going on the filth who support him, as I live in Trump country and personally know these ignorant lying racist homophobic anti-semitic piles of crap.)

37 Likes

Ouch. Sorry to hear that. Hopefully the spell will be broken soon.

6 Likes

Let’s see if Trump actually does/says anything other than just show up in the courtroom and scowl balefully at the judges as his lawyers go through their spiels. I dare him to open his yap in the court–but let him see what that gets him.

21 Likes

The only source of immunity for a sitting president is a DoJ memo.
Here is that memo and a logically badly fractured summary by Lawyer Moss…

In 1973, the Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers. No court has addressed this ques­tion directly, but the judicial precedents that bear on the continuing validity of our constitutional analysis are consistent with both the analytic approach taken and the conclusions reached. Our view remains that a sitting President is constitu­tionally immune from indictment and criminal prosecution.

RANDOLPH D. MOSS Assistant Attorney

General Office of Legal Counsel
… … … … … … …
Now I am no lawyer but to my understanding memos do not have the power of law, just policy.
Conveniently lawyer Moss and his co-workers have ignored the fact that in the Executive Branch there is a Vice-President who can take over if the president is incapacitated in some fashion…legally or medically.

27 Likes
2 Likes

if he, Trump, doesn’t win on his immunity claims, they won’t be a defense for Biden and his supposedly multitudinous crimes either.

The ol’ “Immunity for me but not for thee” argument, eh?

26 Likes

It’s a campaign performance. All he’s looking for is the courtroom artist’s portrait of him scowling during the hearing, and then he will no doubt have an impromptu speech on the courtroom steps afterwards where he attacks Biden. No questions will be taken.

36 Likes

“Biden has opened a “Pandora’s box,” and that if he, Trump, doesn’t win on his immunity claims, they won’t be a defense for Biden and his supposedly multitudinous crimes either.”

Biden responded, “So what?”

50 Likes

More free media…

10 Likes

That’s exactly what it is. He’s in the courtroom today so he can campaign on the courthouse steps this afternoon.

Does anyone know what the panel makeup is?

11 Likes

Go here:

https://talkingpointsmemo.com/live-blog/dc-circuit-trump-immunity?entry=1477428

2 Likes

Donald J. Trump: Petulance on Parade

17 Likes

Found it, thanks. I really ought to read the story before posting…it doesn’t appear to be a very Trump-friendly panel.

10 Likes

What FatAss doesn’t understand is that Biden has no fear of this threat: he HASN’T done “multitudinous crimes,” so no need to worry about needing to plead immunity.

32 Likes

If there were ever a good reason to bring back the guillotine it would be Harlan Crow and his ilk. But to go back further a century or two I think TFG might well be the reason that the Oubliette was invented in the first place. Simply to have him out of sight, out of the media, to be forgotten other than the lessons we learned would be a gift indeed. My two cents worth anyway.

9 Likes

Of course. But the corollary to this is that, by the logic of the argument Trump wants to make, Biden could make explicit his argument that Trump is a threat to democracy and have him executed without fear of consequence.

20 Likes

For those of us not up on European feudal vocabulary, an oubliette is a secret dungeon whose sole opening is through the ceiling. Or, to quote a really awful movie I saw part of on Sunday (The Manhattan Project, if you’re curious), “They’re gonna lock you in a room, and throw away the room.”

21 Likes

I might expect that the courts may split the baby on immunity.

It could be a reasoned decision to state that there is Immunity for official acts, like one can’t be prosecuted for a poorly planned/executed acts under presidential authority but can be prosecuted for non-offical acts like personal finance crimes or inciting riots

It’d be nice of they opined on the legal weight of the DOJ memo around indictment of a sitting president.

4 Likes

Nope, if Trump is not legally charged, tried, and found guilty, and then put away the myth of Donnie grows bigger. The way you’re describing enhances the “Deep State”.

6 Likes