Up until November, at least.
8 Likes
Nope. Judge Chutkan has to do further ill-defined inquiry into what is and is not immune and why, followed by further interminable appeal. I have no idea where this thing is going, but it’s not going to trial.
Chutkan could set this thing for evidentiary hearing a couple months from now, which could include witness testimony. And I expect SCOTUS would slam that shit right down on emergency motion. They are NOT letting this thing proceed unless and until trump gets his ass beat in November/December/January/February.
35 Likes
They haven’t technically named him King yet, but it looks like Hair Furor is on the path.
7 Likes
To misquote Richard Nixon, “If the president does it, it is an official act”.
22 Likes
Yup.
5 Likes
“A former president is entitled to absolute immunity from criminal prosecution for actions within his “conclusive and preclusive constitutional authority.”
“Preclusive”? A sixty-four dollar word, as my old man used to say. Meaning: wtf?
12 Likes
Okay question; if Judge Chutkan decides none of these are official acts can trump Immediately appeal, and will it be a interlocutory appeal?
2 Likes
Funny and VERY sad.
9 Likes
trump will stroke out before his (literal) drop-dead reporting date in the NY election fraud case. Even in the absence of that forthcoming sentencing, SCOTUS is not going to waste energy to save him if he gets his ass beat this fall.
12 Likes
So how the fuck long does it take for a court to determine that engineering a fake electors scheme is not an official act?
16 Likes
A long time. Trump maybe dead before this is decided.
8 Likes
From Jackson’s dissent: “This gives all the immunity he asked for and more.”
27 Likes
Sotomayor’s dissent does not say “respectfully”. Good. This is a travesty of delay.
24 Likes
From Haberman in the NYT liveblog:
The Biden campaign clearly recognizes the ruling is unhelpful to the current president politically, as he has sought to make Jan. 6 central to his campaign against Trump. The campaign sent a statement attributed only to a senior Biden campaign official, saying: “Today’s ruling doesn’t change the facts, so let’s be very clear about what happened on January 6: Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election. Trump is already running for president as a convicted felon for the very same reason he sat idly by while the mob violently attacked the Capitol: he thinks he’s above the law and is willing to do anything to gain and hold onto power for himself."
34 Likes
From SCOTUSBLOG: Sotomayor does not use “respectfully” with “dissent” here or at the end of her dissent, which concludes: “With fear for our democracy, I dissent.”
I’ll bet the SCOTUS break room was quiet today.
30 Likes
Sotomayor Ends with. “With fear for our democracy, I dissent.”
17 Likes
The DOJ are his attorneys now, not the country’s.
7 Likes
Sotomayor’s dissent says that he can have anyone killed. Just say it is an official act.
Shit.
19 Likes
From skimming Barret’s dissent in part, she would have decided which actions were unofficial and not within the outer perimeter of Article II powers. Maybe Chutkan can use her logic.
6 Likes
Not only is a President immune for official acts, But evidence of his acts cannot be used in a trial.
This makes it harder for lower courts to proceed.
18 Likes