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Special counsel goes directly to Supreme Court to resolve whether Trump has immunity from prosecution
Special counsel Jack Smith on Monday asked the Supreme Court to decide whether Donald Trump has any immunity from criminal prosecution for alleged crimes he committed while in office – the first time that the high court will weigh in on the historic prosecution of the former president.
The extraordinary request is an attempt by Smith to keep the election subversion trial – currently scheduled for early March – on track. Smith is asking the Supreme Court to take the rare step of skipping a federal appeals court and quickly decide a fundamental issue of the case against Trump.
CNN
The courts were never going to save America from Donald Trump
The Supreme Court has ordered the most important of former President Donald Trump’s four criminal trials to be put on hold indefinitely. It’s an extraordinary victory for Trump and a devastating blow to special counsel Jack Smith. The Court’s decision also raises serious doubts about whether these justices will allow a trial to take place before the November election.
Many Court observers, including myself, were shocked by Wednesday’s order because it appeared to rest on the flimsiest of pretexts. The ostensible reason why the Court ordered Trump’s trial paused is so the justices could spend the next few months considering Trump’s argument that he is immune from prosecution for any “official acts” he engaged in while he was still president.
The decision to halt Trump’s trial, however, fits within a different judicial tradition, which is no less robust and no less prominent in the Supreme Court’s history. The judiciary is a weak institution, staffed by political officials who are often reluctant to stand against popular authoritarian policies or movements. Indeed, the justices themselves often belong to those movements.
A written Constitution and the courts that are supposed to enforce it are weak guarantors of a liberal democratic society. The Supreme Court of the United States does not always align itself with authoritarian policies and movements, but it does so often enough that it cannot be counted on as an ally in a conflict between constitutional democracy and something more sinister.
And the Court is particularly ineffective in standing up against figures like Trump, who enjoy broad (if not necessarily majoritarian) political support.
VOX
From Last May
Progressive lawmakers are reigniting a push to expand the Supreme Court, pointing to recent reports on alleged ethics concerns for multiple justices.
Dubbed the Judiciary Act of 2023, the measure would expand the high court by adding four seats to create a 13-justice bench. First introduced in 2021, the measure has added sponsors since it was initially conceived. Rep. Hank Johnson (D-Ga.), one of the original co-sponsors, said the initial House bill had only two co-sponsors when it was first introduced. Now, the measure is being reintroduced with 56.
Poltico
Is it now time to expand the Supreme Court?
The ACLU and CCR have filed a lawsuit challenging the government's targeted killing of three U.S. citizens in drone strikes far from any armed conflict zone.
In Al-Aulaqi v. Panetta (Al-Awlaki v. Panetta) the groups charge that the U.S. government's killings of U.S. citizens Anwar Al-Aulaqi, Samir Khan, and 16-year-old Abdulrahman Al-Aulaqi in Yemen last year violated the Constitution's fundamental guarantee against the deprivation of life without due process of law.
The killings were part of a broader program of "targeted killing" by the United States outside the context of armed conflict and based on vague legal standards, a closed executive process, and evidence never presented to the courts.
originally posted by: xuenchen
a reply to: Dandandat3
What's the full detailed procedure for expanding The SCOTUS? ❓
originally posted by: Irishhaf
I find it funny, when the Supreme court was only ruling in ways that made the left happy I never heard the right scream pack the court.
.....
originally posted by: Boomer1947
originally posted by: Irishhaf
I find it funny, when the Supreme court was only ruling in ways that made the left happy I never heard the right scream pack the court.
.....
The Right wasn't screaming it, they were just quietly and methodically going about doing it with the assistance of Mitch McConnell, Donald Trump, and the Federalist Society. It wasn't an accident that Trump got to appoint 3 conservative judges, all approved by the Federalist Society in one 4 year term.
originally posted by: Boomer1947
It wasn't an accident that Trump got to appoint 3 conservative judges, all approved by the Federalist Society in one 4 year term.
originally posted by: Dandandat3
originally posted by: xuenchen
a reply to: Dandandat3
What's the full detailed procedure for expanding The SCOTUS? ❓
A congratulational act I assume.