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SCOTUS rules absolute presidential immunity for "official acts"


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3 hours ago, finaljedi said:

 

Not a whole lot else to recommend.  The Supreme Court is unaccountable, and thanks to 3 people nominated by a President not even elected by the American people, not even pretending they don't favor one side.

 

Well, there is one.

 

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Pose any dangers on the authority and functions of the executive branch is a loophole wide enough to drive a truck through. 
 

And I am still of the opinion that just because the president does it doesn’t make it legal, even within the confines of buckets 1 or 2. The court should be where unjust prosecutions of future presidents are held at bay, not from the blanket presumption of immunity granted whole cloth from thin air, without regard for actual history and tradition of the office mind you, in this year of satan 2024

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1 minute ago, b_m_b_m_b_m said:

Pose any dangers on the authority and functions of the executive branch is a loophole wide enough to drive a truck through. 
 

And I am still of the opinion that just because the president does it doesn’t make it legal, even within the confines of buckets 1 or 2. The court should be where unjust prosecutions of future presidents are held at bay, not from the blanket presumption of immunity granted whole cloth from thin air, without regard for actual history and tradition of the office mind you, in this year of satan 2024


I agree that the second leg there is too squishy. I like for there to be more of a chilling effect toward executive behavior. PI also generally would prefer to weaken the executive in favor of a stronger congress, but that is a topic for another time.

 

Where would any of these questions be settled after this? Same place they were before this decision: in the courts. And if we reach a point where drone attacking your political rivals is signed off on by SCOTUS, does anything actually matter?

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3 minutes ago, sblfilms said:

And if we reach a point where drone attacking your political rivals is signed off on by SCOTUS, does anything actually matter?

 

The path to a world where this happens is one in which policy gradually changes to enable ever more corrupt acts until there is so much room for obstruction and consolidation of power that the game is over and you wouldn't even get to a point where the blatant attack is taken the courts because it's blocked on so many steps before. The world is not exactly pleasant along that path to the most extreme version either.

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8 minutes ago, sblfilms said:


I agree that the second leg there is too squishy. I like for there to be more of a chilling effect toward executive behavior. PI also generally would prefer to weaken the executive in favor of a stronger congress, but that is a topic for another time.

 

Where would any of these questions be settled after this? Same place they were before this decision: in the courts. And if we reach a point where drone attacking your political rivals is signed off on by SCOTUS, does anything actually matter?

100% agree on the first paragraph. 
 

On the second, the decision allows any official action other than those “manifestly or palpably” (an absurdly broad and undefined standard) beyond the powers of the office. And even then, it seems as though the decision doesn’t allow a prosecutor to even consider the official action or discussions with the president about official actions to determine damn near anything. Even without going to the extreme “sending in seal team 6” scenario there are still everyday powers of the office through the security state that can be used to harass political opponents for legitimate-ish reasons. Just imagine what the government has done in the name of the war on drugs and apply that to labor or business leaders, congressional staffers or members, people like that. The low level harassment that otherwise criminalizes poverty but applied to the out group or those who oppose the sitting president. Yeah they may be able to fight the case, but doesn’t make a baton crack to your ribs in the middle of a 3am raid on your home hurt any less. All of these are using the functions of the executive and using them in a corrupt manner and are certainly “manifestly or palpably” outside the duties of the office, but wholly within the normal duties of the executive. Restricting behavior like this would certainly post a danger to the authority or function of the office, and so would be presumptively immune from prosecution for such abuse of power. That hurdle is high enough that it effectively is impossible to prosecute 

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I need to know that someone in Biden's orbit is considering questions like "what if this Supreme Court accepts a case between November and January concerning throwing out a whole bunch of mail-in ballots for specious reasons?" Democrats have consistently been caught completely flat-footed about how far the court is willing to go, and it seems like the plan is just "win the election and we'll figure out how to deal with it," but I'm not convinced at all that this election is just going to go off without a hitch, especially that no one more important than Rudy Giuliani suffered any consequences for 2020.

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1 hour ago, Jason said:
WWW.ROLLINGSTONE.COM

Biden surrogates brushed off questions about reining in the court, while emphasizing the gravity of a second Trump term.

 

 

Quote

And so I come full circle on this response and just want to encourage you with some substance that we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.

 

 

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A point I saw brought up is how, if you are a so called constitutional conservative, you can square article 1, section 3, clause 7 of the constitution with this ruling 

 

it’s just crazy to me that we’re hurdling headfirst into Russian style managed conservative “republic” and they continue to just ignore parts of our history and constitution that they don’t like. It’s not surprising but it is still shocking

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