this post was submitted on 20 Mar 2024
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Donald Trump on Tuesday filed a U.S. Supreme Court brief in his bid for criminal immunity for trying to overturn his 2020 election loss, arguing that a former president enjoys "absolute immunity from criminal prosecution for his official acts."

The case is due to be argued before the justices on April 25. Trump has appealed a lower court's rejection of his request to be shielded from the criminal case being pursued by Special Counsel Jack Smith because he was serving as president when he took the actions at the center of the case.

The filing advances arguments similar to ones Trump's lawyers previously have made and echoes statements he has made on the campaign trail as he seeks to regain the presidency.

"The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office," the filing said.

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[–] tal@lemmy.today 81 points 1 year ago (2 children)

"The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office," the filing said.

The presidents from 1789 to 2016 did seem to manage, one way or another.

[–] PhlubbaDubba@lemm.ee 9 points 1 year ago

It also presumes that the independent presidency is of any value to the republic, pretty consistently it has actually been a source of conflicts both over the authority it holds and over the authority it is not supposed to but does anyways because an independent executive will inherently form a parasitic relationship against any legislative body it is unaccountable to.

[–] twistypencil@lemmy.world 5 points 1 year ago (1 children)

Wtf are official acts when you leave office?

[–] funkless_eck@sh.itjust.works 10 points 1 year ago

it means [for official acts performed during their tenure] [retroactively punished once they have left the office]

[–] KoboldCoterie@pawb.social 81 points 1 year ago (2 children)

If an "official act" is anything that happens while they're in office, Biden should just shoot Trump on his last day in office. Following this argument, he'd be immune to prosecution.

A denial of criminal immunity would incapacitate every future president with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents.

It's funny that this hasn't happened in 45 presidencies, yet his argument is that it's suddenly going to be a problem for every future president...

Biden should just shoot Trump on his last day in office.

He shouldn't even wait until the last day.

[–] APassenger@lemmy.world 10 points 1 year ago

Justice = blackmail Accountability = extortion

It's diabolical the limits the law places on people who just want to pick winners, losers, and sell secrets. Kinda unfair, really.

What's the point of all that power if it's fettered?

[–] DogPeePoo@lemm.ee 63 points 1 year ago (1 children)

Why does he need immunity if everything he did was “perfectly legal”?

[–] foggy@lemmy.world 46 points 1 year ago (1 children)

The moment he does, I want a cage match between trump and clinton.

But also under this law, if Biden were to lose, he could simply murder Trump and reclaim his seat? Democracy?

What a buffoon.

[–] mrcleanup@lemmy.world 9 points 1 year ago

Under this philosophy he wouldn't have to wait. Actions taken in the name of national security. Done.

[–] dyathinkhesaurus@lemmy.world 44 points 1 year ago (2 children)

Ex presidents... Plural. Could someone get Dubya or Clinton or one of the others to retire Trump, since they're now immune too

[–] Fredselfish@lemmy.world 23 points 1 year ago

Fuck under that Obama could take him out. After all he is ex president.

[–] jaybone@lemmy.world 4 points 1 year ago

Are the Bush’s also against Trump? If so I feel like they should be more vocal about that.

[–] Son_of_dad@lemmy.world 41 points 1 year ago* (last edited 1 year ago) (1 children)

By that logic, doesn't that mean he's endorsing the idea that Biden can toss Trump in jail and fuck up his family, and save us all the hassle of a trial. And get away with it, since he's president and immune, according to Trump.

[–] muntedcrocodile@lemmy.world 33 points 1 year ago (2 children)

He clearly hasnt thought this one through. Biden can just order that trump be execjted by a hitsquad and have complete immunity lol. Ohh u dont like a political opponent and u are still presedent just execut them.

[–] PhlubbaDubba@lemm.ee 16 points 1 year ago

Not to mention how it basically gives Biden cart blanche to ignore all their previous rulings against him with absolute impunity

"No prosecution you say? Well guess who's student loan debts are being forgiven!"

[–] Reverendender@sh.itjust.works 20 points 1 year ago (1 children)

The really scary part is that this 'court' might do what he wants

[–] MagicShel@programming.dev 26 points 1 year ago (2 children)

If it does, I hope Biden goes on a huge crime spree. I mean, that's the endgame so might as well be entertained while the shop goes down.

[–] sxan@midwest.social 16 points 1 year ago* (last edited 1 year ago) (1 children)

OK OK OK New theory: Trump's lawyers are trying to get him killed.

  1. Lawyers argue during presidents should be able to literally assassinate people
  2. Conservative supreme court agrees
  3. Biden, with newly granted powers, takes next logical step and has Trump retired.

I doubt any Republican would risk accepting the nomination for, or running against, Biden - or any Democrat president ever again.

[–] girlfreddy@lemmy.ca 4 points 1 year ago* (last edited 1 year ago) (1 children)

Tbf I don't think his lawyers are the ones pushing him to go through with this. I think it's him pushing them to do it 'cause he owns SCOTUS.

[–] sxan@midwest.social 3 points 1 year ago

Occam's Razor, for sure, but I like mine.

[–] Reverendender@sh.itjust.works 3 points 1 year ago

This sounds great, let's do it

[–] zik@lemmy.world 20 points 1 year ago (1 children)

I'm surprised that the supreme court would even hear this request. He's just a normal citizen now and the brief sounds a lot like someone requesting retrospective absolution for their crimes.

[–] girlfreddy@lemmy.ca 8 points 1 year ago* (last edited 1 year ago)

Iirc this is just a brief and the court can choose not to hear it, without giving their reasons.

Although it would be hard to say no to the boss. :P

[–] ME5SENGER_24@lemmy.world 15 points 1 year ago

Fuck Donald Trump and whatever he thinks

[–] some_guy@lemmy.sdf.org 14 points 1 year ago

Remind repubs that absolute immunity would cover sexual crimes against children. Let's use their insane "think of the children" crap to actually do something positive.

[–] mechoman444@lemmy.world 12 points 1 year ago

Just like an good oligarch dictator would.

[–] dust_accelerator@discuss.tchncs.de 11 points 1 year ago* (last edited 1 year ago)

Do it!

Then we can blacksite that fucker and never have to hear about his shit again!

[–] RizzRustbolt@lemmy.world 9 points 1 year ago

He really doesn't see how this could backfire on him, does he?

[–] BillDaCatt@lemmy.world 9 points 1 year ago (1 children)

No matter what they do the orange man loses. Either they rule against him and he goes to jail or they rule in his favor and Biden takes full advantage of his own "Presidential Immunity."

[–] distractionfactory@lemmy.world 15 points 1 year ago (1 children)

Presidential Immunity would be the single worst outcome for the country, regardless of what happened to Trump himself. It would remove all oversight to the Executive branch. And it would confirm that the Supreme Court is utterly corrupt, because there is no way it could be interpreted as constitutional by reasonable people. Even hearing the case is an obscene waste of time and resources.

I'm embarrassed as an American that we are seeing any of this take place.

[–] BillDaCatt@lemmy.world 5 points 1 year ago

Completely agree.

[–] Treczoks@lemmy.world 8 points 1 year ago

Translation: Trump is shitting his pants out of fear of actual consequences.

[–] Cypher@lemmy.world 3 points 1 year ago

The Supreme court should agree with Trump and then be executed the next day by Presidential order.

Just to send a message.