Paul Revere by Cyrus Dallin, North End, Boston

~~~

General John Kelly: "He said that, in his opinion, Mr. Trump met the definition of a fascist, would govern like a dictator if allowed, and had no understanding of the Constitution or the concept of rule of law."

Tuesday, February 6, 2024

 



BREAKING: Donald Trump is *NOT* immune from prosecution, DC Circuit rules.








" A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden. 

 The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit handed Mr. Trump a significant defeat, but was unlikely to be the final word on his claims of executive immunity. Mr. Trump is expected to continue his appeal to the Supreme Court — possibly with an intermediate request to the full appeals court." 

[skip] 

"The panel, composed of two judges appointed by Democrats and one Republican appointee, said in its decision that despite the privileges of the office he once held, Mr. Trump was subject to federal criminal law like any other American. 

 'For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,' the panel wrote. 'But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.' ”--NYTimes






17 comments:

Grey One talks sass said...

This is the best news! I hoped but was totally prepared for the worst on this one. Oh how I hoped though.

Thank you Shaw.

Anonymous said...

The only decision that will matter is that of the SCOTUS. Whose decision is far from certain. Given Clarence Thomas whose wife is a MAGA and Trump's three appointments. We will soon know if the very conservative court is a lap dog for Trump and the MAGAverse.

-FJ the Dangerous and Extreme MAGA Jew said...

Oh no, not the institutionalist Deep State Circuit!!!!!

BWAH!

Shaw Kenawe said...

"Trump’s legal arguments for staying on the ballot are embarrassingly weak

It’s hard to imagine this Supreme Court removing Trump from the ballot. But his lawyers gave the justices very little to work with."

By Ian Millhiser Feb 6, 2024, 6:30am EST

(Ian Millhiser is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. He received a JD from Duke University and is the author of two books on the Supreme Court.)



"The single most damning piece of evidence against Trump, meanwhile, is that one hour after Trump learned that a mob of his supporters had attacked the Capitol, the former president tweeted that “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.” So, at the very moment that the January 6 insurrection was underway, Trump didn’t just egg on the insurrectionists, he suggested that they target Pence.

While Brandenburg sets a high standard for incitement, Trump’s lawyers do not make any arguments that could justify tossing this case out on First Amendment grounds. Most statements that advocate violence are not likely to result in imminent violence. But Trump told a mob made up of his supporters to target a specific individual as that mob was actively engaged in criminally violent activity.

This is the equivalent of standing on the sidelines of a fistfight and yelling at one of the combatants to “beat him harder” while the fight is ongoing — and the law generally permits someone who actively cheers on an ongoing fight to face legal consequences."


Shaw Kenawe said...

The above quoted text is from VOX.

Shaw Kenawe said...

-FJ the Dangerous and Extreme MAGA Jew said...

"Oh no, not the institutionalist Deep State Circuit!!!!!

BWAH!"

And...right on cue, the criminally indicted and liable-for-rape Rapist's biggest fanboy comes running here to impugn any court decision that applies the rule of law to the Liar, Cheat, Fraud, and Rapist.

Your fandom for the criminally indicted creep is duly noted.

Have a nice day.

Shaw Kenawe said...

Anonymous

This may not get to the SCOTUS. It could allow the DC Circuit Court's ruling to stand. That's what I've read from legal experts.

We shall see.

Shaw Kenawe said...

Grey One talks sass

Now we have to wait and see what happens from here.

Anonymous said...

Indeed Shaw we shall see. I trust the SCOTUS not, until THEY either come out and affirm the DC decision by not hearing the case, or, they rule against Trump.

I no longer believe the court unbiased and balanced.

Shaw Kenawe said...

This comment by "Anonymous" @11:02 AM was posted below, so I moved it to this post.


Anonymous said...

"Wait for SCOTUS. Then we maybe can celebrate."

February 6, 2024 at 11:02 AM

If the SCOTUS takes the case at all.

JoMala "Truth 101" Kelly said...

Gotta love the irony of of the Maga Jew dudes comment. Naturally it is meaningless drivel but his only hope for Trump is the institution of the Supreme Court to rule the institution of the presidency is immune from stuff. I figure it would be 5 to 4 infavor of immunity with the Supremes unless one of the Trump nuts on there figures out that Biden may disregard their rulings from now on and arrest republicans for the crime of being republicans. But then again Biden has too much integrity and regard for the institutions to do anything like that. In the end we'll enjoy a photo op of five conservative justices looking sanctimonious while Roberts sports his usual shit eating grin.

Dave Dubya said...

We expect Kremlin agent -FJ to scorn the American ideal of separation of powers and the rule of law. After all, he's an authoritarian personality who supports dictatorship, whether by his leader Putin or Putin's American puppet.

I'm going to make a bold prediction. The Supreme Court will NOT take this inane case. It has been decided rationally, thoroughly, and UNANIMOUSLY by the Appeals Court.

Even Chief Justice Roberts should have the sense that taking up this nonsense would be tantamount to open defiance of our rule of law and interference on behalf of Trump in the upcoming election.

The Court is already trying to shake off the stain of corruption and bribery. If he wants the Court to regain any semblance of integrity, Roberts will deny Trump's absurd nonsense any further dignity in front of the Supreme Court. I think he would make this clear to Trump's appointed justices and the corrupt Clarence Thomas, whose wife may yet see criminal charges for HER ELECTION INTERFERENCE.

I think even these cronies would think twice about saying, "Wait a minute. I think Trump SHOULD be above the law for the rest of his life".

John Adams said...

The notion that a president should not fear breaking the law undermines the very principles of democracy. How can a leader be entrusted with the country's well-being if they claim immunity from legal consequences for their actions?

Anonymous said...

Given the SCOTUS's less than rational decision in Citizens United, and the recent vacating ROE-vs- WADE in favor of the RCC's position, sending the issue back to the individual states to decide (state's right argument) leads one to question their actual agenda.

There is, IMO, no reason to trust this court will act with reason and follow precedent. I have already lost respecr for the present court and frankly will not be surprised if this SCOTUS finds a flimsy rationale to give Trump exactly what he desires. IMMUNITY and the right to run again.

Mike said...

I hope Dave is right and the Supremes refuse to take it.

Anonymous said...

So strange that nearly every court in the country seems to have it in for Trump.
It's almost like he's actually a criminal.

Anonymous said...

91 indictments... guilty of rape...

Non criminals do not generate 91 indictments nor do they engage in rape.

Unfortunate that your cult addled mind is incapable of seeing truth and the great danger MAGA and criminal Trump is to democracy, the rule of law, and our Constitution anonymous. (-fj, joe con, thersites, foreigner, or whoever you are today.)