this post was submitted on 24 Dec 2023
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Donald Trump urged a federal appeals court to throw out the federal election subversion criminal case in Washington, DC, again arguing in a filing late Saturday that he is protected under presidential immunity.

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 appeals panel is weighing Trump’s request, which the Supreme Court on Friday refused to take up on an expedited basis, as Smith requested.

The filing reiterates what the former president’s lawyers have repeatedly asserted – that Trump was working in his official capacity as president to “ensure election integrity” when he allegedly undermined the 2020 election results and therefore has immunity, and that his indictment is unconstitutional because presidents cannot be criminally prosecuted for “official acts” unless they are impeached and convicted by the Senate.

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[–] Rapidcreek@lemmy.world 96 points 10 months ago

This argument should be laughed out of court. Elections are not under the purview of the President of the United States, constitutionally or statutorily.

[–] FlyingSquid@lemmy.world 59 points 10 months ago (1 children)

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.

[–] TechyDad@lemmy.world 44 points 10 months ago (2 children)

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?

[–] Jaysyn@kbin.social 24 points 10 months ago* (last edited 10 months ago) (3 children)

Accidents my ass, Joe can start hunting SCotUS Justices for sport if they fuck up & find that a President is immune to criminal prosecution.

[–] IphtashuFitz@lemmy.world 8 points 10 months ago (1 children)

I’d just be happy if he dissolved the current SCOTUS then created a new one with term limits, independent ethics oversight, etc.

[–] Pips@lemmy.sdf.org 1 points 10 months ago

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.

[–] FlyingSquid@lemmy.world 6 points 10 months ago

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.

[–] Neato@kbin.social 46 points 10 months ago (2 children)

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.

[–] Bridger@sh.itjust.works 18 points 10 months ago (1 children)

He could send hit squads for everyone implicated in j6, end his reelection campaign and retire. If the SC rules for absolute immunity.

[–] dirthawker0@lemmy.world 8 points 10 months ago

And a few for certain corrupt members of the SC as well.

[–] Skanky@lemmy.world 23 points 10 months ago (1 children)

This is definitely the legal strategy I would take if I was completely innocent of what I was being accused of.

[–] macrocephalic@lemmy.world 6 points 10 months ago

I couldn't be guilty of trying to overthrow the government, I was the government! Also, vote for me to become president again.

[–] CharlesDarwin@lemmy.world 20 points 10 months ago

Remember what this qlown said about those that plead the Fifth?

[–] rebelsimile@sh.itjust.works 14 points 10 months ago

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.

[–] resin85@lemmy.ca 13 points 10 months ago (1 children)

Every time he trots out this lame attempt to avoid accountability, this is what I think of (from Lethal Weapon 2).

[–] Crowfiend@lemmy.world 2 points 10 months ago

Links broken.

[–] autotldr@lemmings.world 3 points 10 months ago

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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