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Monday, July 01, 2024

Trump Has Some Immunity Says SCOTUS!

From left to right: Amy Coney Barrett, Neil Gorsuch, Sonia Sotomayor, Clarence Thomas, John Roberts, Kentaji Brown Jackson, Samuel Alito, Elena Kagan and Brett Kavanaugh. The Supreme Court is just as bad as Congress, President Joe Biden, Donald J. Trump and the junk food media.

Trump v. United States is the most controversial decision by the U.S. Supreme Court.

The 6-3 decision, which is complex, further delays special counsel Jack Smith's prosecution.

White privilege triumphs again.

The very reason why its important to drag President Joe Biden across the finish line is the rogue actions of the Supreme Court. While he does not have absolute immunity from criminal trials, former president Donald J. Trump is somewhat immune from criminal prosecution while in office during the Jan. 6 attacks.

His actions to overturn an election and using his supporters to attack the U.S. Capitol are considered official acts. Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.

It means that President Joe Biden and future presidents can officially commit criminal acts while in office or post presidency. Biden could commit state acts against Americans if he wanted to. It is complex.

The decision shows how democracy is downsliding.

Roberts made clear that anything the lower court determines to be an "official act" cannot be used as evidence in a criminal trial — meaning it's entirely off limits to prosecutors even if it would corroborate evidence deemed unofficial.

Donald J. Trump is the definition of white privilege. 

"Presidents cannot be indicted based on conduct for which they are immune from prosecution. On remand, the District Court must carefully analyze the indictment’s remaining allegations to determine whether they too involve conduct for which a President must be immune from prosecution," Roberts wrote. "And the parties and the District Court must ensure that sufficient allegations support the indictment’s charges without such conduct. Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial."

The decision will now make lower courts decide on whether acts Trump did while doing official White House duties are justified. It will delay the Trump trials in Washington, DC and Miami.

Republicans praised the decision.

Trump v. United States was a landmark decision of the Supreme Court of the United States in which the Court determined that presidential immunity encompasses constitutional authority and preemptive authority. The case extends from an ongoing federal trial to determine whether Donald Trump, president at the time, and others engaged in election interference during the 2020 election, including events during the January 6, 2021 attack on the U.S. Capitol. It was regarded as the first time a case concerning criminal prosecution for official acts of a President was brought before the Supreme Court.

Samuel Alito and Clarence Thomas have real ethical issues. They have openly supported Jan. 6 actions and have spouses who engaged in acts in relation to overturning the 2020 election.

Biden can't appoint new members to the Court because Joe Manchin, Kyrsten Sinema, John Fetterman and Republicans refuse to end the filibuster. 

Republicans will end the filibuster once a Republican president takes power.

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