The discussion was, I thought, about trump getting charges or indicted. So, the 25th would be an option in his case… if he had brains … which he does not. There’s language in the Constitution which allows the sitting POTUS to be charged which was utterly ignored in the famous Immunity memo,… that @txlawyer and I were discussing … by the DoJ legal counsel in 1973 and more recently in the summary I posted.
The DOJ’s presidential get-out-of-jail-free card policy is grounded (poorly) in the Constitution. Congress has no authority to revoke DOJ’s dumb policy. So far as I can see, the only options for getting it revoked are (1) DOJ coming to its senses and revoking it voluntarily, or (2) somebody with standing – possibly a victim of a presidential crime – suing DOJ to revoke it so the president can be prosecuted. I imagine a state could also try to prosecute the president, leaving his lawyers to make the argument independent of the memo.
I say life is too short to read indictments.
Unless they’re yours, of course : - )
You were saying “the reasoning in that memo” … “which ignores the 25th”. I’m pointing out the 25th didn’t exist when the memo was written. But yes, the current existence of the 25th could be used in an effort to revisit the language in that memo.
But then the reasoning in that memo is beyond any rational thread I am aware of. It ignores Amendment 25 which allows a POTUS to set the office aside and take it back during the term.
There is a strong truth to this statement. Human predators of all stripes are keenly aware of their prey. Whether they are power-hungry, greedy assholes like TFG, or Sexual predators (hmmm, like TFG), or pedophiles of all persuasions, they seem to have radar for their victims. They look for clues, they stalk their prey. It’s almost like they keenly sense and smell the vulnerable. These assholes seem to be everywhere. And, yet, there are people that actually tell victims that they need to drop their armour, and actually trust and learn to expose themselves again… It’s why victims of abuse, financial, physical, sexual and otherwise, learn to clam up. We seem to want to creat victims in our sick society.
I used to:
when I was in undergrad school. It was because I was relegated to typing class in high school, as I was not thought to be good enough for college by the “guidance staff.” Fooled them, I ended up Valedictorian, College grad from a great public university, and two grad degrees, plus a lot of advanced certifications.
I do apologize if I was confusing in my post. I just now pulled out my handy dandy pocket copy of the Constitution and I see the 25th Amendment was ratified Feb 10, 1967. The DoJ memo first go around was in 1973. The more recent immunity memo update was Oct 16th, 2000. The more recent was the one I posted a pdf of with a summary.
https://www.justice.gov/olc/opinion/sitting-president’s-amenability-indictment-and-criminal-prosecution
Btw… here is the original DoJ immunity memo:
https://fas.org/irp/agency/doj/olc/092473.pdf
I am always open to correction. But I do often get things confused.
Thank you, it appears clear I am the one to be corrected, having got the date of the 25th amendment wrong. So the OLC memo was crazypants on the day it was written. Except that no subsequent presidency has wanted to remove it, including the Biden admin. This is likely due to the immunity it provides to politically motivated criminal prosecution, which is no small thing.
PSA: New acronym definition!
That Fucking Grifter.
Ayuh.
But TFG’s supporters aren’t there.
And many will be lucky to see 600 kilobucks in their entire lives. This can start a schism, this is the taxes evaded - and on a portion of his compensation.
I had to really dig into the dark recesses of this computer for that copy of the original 1973 DoJ memo and it actually mentioned the 25th amendment (toward the end) which for all this time I had totally missed. Originally this 1973 memo was written because of the utterly corrupt office of Spiro Agnew under Nixon. Spiro was forced to resign and Gerald Ford replaced him. This was when Watergate was just beginning to boil. And I was deep into my PhD graduate studies. Seems like a dozen lifetimes ago. And I am reminded of my toddler son’s comments after Watergate was over and he was hearing about Nixon. He called Nixon “Mr Poopy Pants”. I think he was reacting to my strong dislike of Nixon.
I have less than no regard of the immunity memo. I think it should be shit canned asap. Otherwise we have no “equal justice under law” as is carved in stone at the Supreme Court.
An amendment would also do the trick, but yeah, not with this posse of clowns.
I’ll be hanging out my flag this Fourth with a smile that was absent the last four years.
Where’s Captain Klutz when we need him?
I should mention that MTG’s good buddy who entered the Capitol on video 1/6 and just gave a bunch of insurrection-friendly Republicans a “tour” of the Texas border that he has never, ever seen before yesterday hasn’t been arrested for some reason. He’s been a known infiltrator of that Capitol for at least 3 months.
I wonder why? I mean, it couldn’t possibly be because Rep. Marjorie Taylor Thumbface Superpatriot Bottled Blonde Little Person Married to a Willing Literal Cuckold Greene is under investigation. Could it?
My speculation earlier:
So why hasn’t he been arrested, yet, even if only on the “excited tourist” track? (typically $500 fine and probation) Is he a flipper? GOPers Pal Around With Capitol Insurrectionist At The Border - #4 by occamscoin
No. But this may be a step along the way to those charges. They need “predicate acts” to charge RICO. “Predicate acts” are prior crimes committed by the company.
No. A cooperating witness would almost certainly have a plea deal on file, and would not be palling around at the South Texas border with a bunch of Deplorable members of the House. That’s the act of an unchastened moron, not someone turned by the FBI.
Is it the RICO? No, it is not. It is never the RICO. Erase the idea of RICO from your brain because speculating about RICO is a waste of good neurons.
Might it be a criminal conspiracy? Quite possible.