It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
originally posted by: Lazy88
originally posted by: Threadbarer
I won't be surprised if down the road these decisions are seen on a similar level to Marbury v. Madison in regards to the Judiciary seizing power from other branches.
Doesn’t the Supreme Court kinda “enforce” the constitution that limits the power of government. So the Supreme Court is grabbing power by limiting government. Ok….
so interactions with justice department Officials so thats one down the drain for potental charges
The indictment alleges that as part of their conspiracy to overturn the legitimate results of the 2020 presidential election, Trump and his co-conspirators attempted to leverage the Justice De- partment’s power and authority to convince certain States to replace their legitimate electors with Trump’s fraudulent slates of electors. According to the indictment, Trump met with the Acting Attorney General and other senior Justice Department and White House offi- cials to discuss investigating purported election fraud and sending a letter from the Department to those States regarding such fraud. The indictment further alleges that after the Acting Attorney General re- sisted Trump’s requests, Trump repeatedly threatened to replace him. The Government does not dispute that the indictment’s allegations regarding the Justice Department involve Trump’s use of official power. The allegations in fact plainly implicate Trump’s “conclusive and preclusive” authority. The Executive Branch has “exclusive au- thority and absolute discretion” to decide which crimes to investigate and prosecute, including with respect to allegations of election crime. Nixon, 418 U. S., at 693. And the President’s “management of the Ex- ecutive Branch” requires him to have “unrestricted power to remove the most important of his subordinates”—such as the Attorney Gen- eral—“in their most important duties.” Fitzgerald, 457 U. S., at 750. The indictment’s allegations that the requested investigations were shams or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial func- tions of the Justice Department and its officials. Because the Presi- dent cannot be prosecuted for conduct within his exclusive constitu- tional authority, Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department of- ficials. Pp. 19–21.
so not as clear but presumed to have immunity and may end up back at scotus most likely post election id imagine as they are off tell october?
Whenever the President and Vice President discuss their official re- sponsibilities, they engage in official conduct. Presiding over the Jan- uary 6 certification proceeding at which Members of Congress count the electoral votes is a constitutional and statutory duty of the Vice President. Art. II, §1, cl. 3; Amdt. 12; 3 U. S. C. §15. The indictment’s allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification pro- ceeding thus involve official conduct, and Trump is at least presump- tively immune from prosecution for such conduct. The question then becomes whether that presumption of immunity is rebutted under the circumstances. It is the Government’s burden to rebut the presumption of immunity. The Court therefore remands to the District Court to assess in the first instance whether a prosecution involving Trump’s alleged attempts to influence the Vice President’s oversight of the certification proceeding would pose any dangers of in- trusion on the authority and functions of the Executive Branch. Pp. 21–24.
now as it was done from his official presidential twitter account its a MAYBE and it was also referred to lower courts to try to re interpret ,and as they go on to say the presidents power to comunicate with the people it SEEMS he is more likely then not to enjoy immunity on that from as well . the ruling goes from page one to page 8 of the pdf then it goes on to various judges interpretations either concurring,separately concurring or dissenting with clarence tomas being the most "striking and interesting" for the words he used as far as right leaning justices go this will be my last snippit but it is HIGHLY relevent especially in context of a post Chevron ruling
The indictment’s remaining allegations involve Trump’s in- teractions with persons outside the Executive Branch: state officials, private parties, and the general public. In particular, the indictment alleges that Trump and his co-conspirators attempted to convince cer- tain state officials that election fraud had tainted the popular vote count in their States, and thus electoral votes for Trump’s opponent needed to be changed to electoral votes for Trump
and
J USTICE THOMAS, concurring. Few things would threaten our constitutional order more than criminally prosecuting a former President for his offi- cial acts. Fortunately, the Constitution does not permit us to chart such a dangerous course. As the Court forcefully explains, the Framers “deemed an energetic executive es- sential to . . . the security of liberty,” and our “system of sep- arated powers” accordingly insulates the President from prosecution for his official acts. Ante, at 10, 42 (internal quotation marks omitted). To conclude otherwise would hamstring the vigorous Executive that our Constitution en- visions. “While the separation of powers may prevent us from righting every wrong, it does so in order to ensure that we do not lose liberty.” Morrison v. Olson, 487 U. S. 654, 710–711 (1988) (Scalia, J., dissenting). I write separately to highlight another way in which this prosecution may violate our constitutional structure. In this case, the Attorney General purported to appoint a pri- vate citizen as Special Counsel to prosecute a former Presi- dent on behalf of the United States. But, I am not sure that any office for the Special Counsel has been “established by Law,” as the Constitution requires. Art. II, §2, cl. 2. By re- quiring that Congress create federal offices “by Law,” the Constitution imposes an important check against the Pres- ident—he cannot create offices at his pleasure. If there is
no law establishing the office that the Special Counsel oc- cupies, then he cannot proceed with this prosecution. A pri- vate citizen cannot criminally prosecute anyone, let alone a former President. No former President has faced criminal prosecution for his acts while in office in the more than 200 years since the founding of our country. And, that is so despite numerous past Presidents taking actions that many would argue con- stitute crimes. If this unprecedented prosecution is to pro- ceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding.
originally posted by: Vermilion
a reply to: namehere
can't wait till this gets turned around on trump and his allies
The Biden Administration has been going after Trump via the DoJ, FBI, CiA, Manhattan, Fulton county and unlawful special counsel Jack Smith for years.
Where ya been?
Can you wait until this gets turned around on all of them?
I can’t either.
It can’t come soon enough.
originally posted by: IndieA
Well here you have it.
BREAKING: TRUMP WINS! Supreme Court Rules 6-3 on Presidential Immunity – “Court holds that a former president has absolute immunity for his core constitutional powers”
The Supreme Court on Monday ruled 6-3 that Trump has absolute immunity for his core Constitutional powers.
Former presidents are entitled to at least a presumption of immunity for their official acts.
The Supreme Court ruled there is no immunity for unofficial acts. Jack Smith’s DC case against Trump will be delayed again as it bounces back down to the lower court.
THE COURT RULES FOR TRUMP!
Makes sense. Presidents are protected within their official duties, but not for their unofficial acts.
It's looking more and more like the Mar-A-Lago raid was an example of the weaponization of government after all, and one against a political opponent as well as former President. It's looking like some departments of government are in serious need of some major reforms.
So, what will this mean for:
Jack Smith and his lawfare case?
The FBI and DOJ?
The Biden crime family investigations?
The taxpayer?
The future of this great nation?
originally posted by: frogs453
a reply to: IndieA
The President as a candidate is allowed on the call to ask for the specific number of votes to win the state?
Maybe that will happen this year. I'm sure you'll be fine with that, right? I wouldn't be.
originally posted by: Vermilion
a reply to: namehere
can't wait till this gets turned around on trump and his allies
The Biden Administration has been going after Trump via the DoJ, FBI, CiA, Manhattan, Fulton county and unlawful special counsel Jack Smith for years.
Where ya been?
Can you wait until this gets turned around on all of them?
I can’t either.
It can’t come soon enough.
originally posted by: UKTruth
originally posted by: frogs453
a reply to: IndieA
The President as a candidate is allowed on the call to ask for the specific number of votes to win the state?
Maybe that will happen this year. I'm sure you'll be fine with that, right? I wouldn't be.
Erm, the answer would be yes.
Why in the world would asking how many votes are required to win be illegal ?
originally posted by: Zanti Misfit
a reply to: WeMustCare
Political Cheaters Will ALWAYS Fight Tooth and Nail to Protect their Blatant Crimes Against the People by using FAKE Outrage and Denial of Any Wrongdoing . The LAW is ALWAYS there to Question that . Thank God !
originally posted by: WeMustCare
originally posted by: UKTruth
originally posted by: frogs453
a reply to: IndieA
The President as a candidate is allowed on the call to ask for the specific number of votes to win the state?
Maybe that will happen this year. I'm sure you'll be fine with that, right? I wouldn't be.
Erm, the answer would be yes.
Why in the world would asking how many votes are required to win be illegal ?
The Secretary of State of Georgia, Brad Raffensperger, testified in court last year that what President Trump was asking him to do was a herculean task, but it wasn't a request to fabricate votes. He was asked to find ballots that weren't counted for Trump and to find and throw out fake Biden ballots.
The Washington Post edited the audio to take out the details....leaving only "Find me 7,857 votes...". WaPo is going to be driven into bankruptcy by audits and investigations over the next 2 years.
PAYBACK / RETRIBUTION
originally posted by: Zanti Misfit
a reply to: WeMustCare
Will Joe even be Able to Talk Coherently after that Desaster of a Debate Performance ? He is Literally Dying before Our Eyes .
originally posted by: network dude
it's like folks aren't smart enough to grasp the rules already in place. President does something bad, impeach him. If it's really a bad thing, there won't be a problem removing him. But if it's partisan douchebaggery, then things will likely remain as they were.
OR the SCOTUS just made Trump and only Trump a dictator. All depends on your level of DERP.