this post was submitted on 01 Jul 2024
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[–] [email protected] 62 points 4 months ago* (last edited 4 months ago) (23 children)

I posted this in another thread.

I am really confused about this ruling.

“But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts.”

He's not being prosecuted for exercising core constitutional powers or official acts. He's being prosecuted for election fraud, inciting an insurrectionist mob and mishandling classified documents. None of those are core constitutional powers and they clearly can't be official acts.

Edit: I just love this part-

Without immunity, Trump's lawyer said, sitting presidents would face "blackmail and extortion" by political rivals due to the threat of future prosecution.

Trump just faces blackmail and extortion from his political allies. Like Vladimir Putin.

[–] [email protected] 21 points 4 months ago (19 children)

They sent it back down to the lower courts because they need to determine if he was acting officially. If he was acting outside of an official constitutional capacity he is criminally responsible. If he was doing his official duties with in the constitution he's alright.

It'll probably end up with him hit with some charges and avoiding others.

[–] [email protected] 13 points 4 months ago (1 children)

because they need to determine if he was acting officially.

this was already ruled on, reelection campaign is NOT an official capacity thing PERIOD. This move is nothing but another delay to ensure this shit falls on a date post-election

[–] [email protected] 2 points 4 months ago

Delaying until after the election was the main point yeah. He did get a couple other goodies from it though to my understanding. Presumption of immunity and not being able to admit testimony or communications of the president and his staff being the big ones from what I'm reading.

But absolutely Remand is the big prize for Trump here. Having the case remanded back to the lower courts all but guarantees that it won't be concluded before the election. Hopefully it doesn't entirely gut the other prosecutions as well but I don't have a lot of faith that it isn't going to basically kill the other cases.

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