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BREAKING: The Supreme Court holds, 6-3, that a former president is absolutely immune from prosecution for actions within their "conclusive and preclusive" authority and presumptively immune from prosecution for all official acts. More to come at Law Dork: www.lawdork.com
Law Dork | Chris Geidner | Substackwww.lawdork.com The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.
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Roberts has the opinion for the court. Thomas concurs. Barrett concurs in part. Sotomayor dissents for the Democratic appointees. Jackson also writes her own dissent. www.supremecourt.gov/opinions/23p...
www.supremecourt.gov
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As to Trump: - Absolutely immune from prosecution for DOJ discussions. - Presumption of immunity for efforts to pressure Pence, but could be rebutted on remand. - Discussions w state actors and Jan. 6 comments must be determined if they are official or not on remand.
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Sotomayor is reading from her dissent. You cannot hear it because, despite having the capacity to do so, the Supreme Court does not livestream opinion announcements.
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Thomas concurs to question the constitutionality of the special counsel's appointment. Barrett concurs in part because she does not join a part of the court's opinion not allowing evidence of any official acts even to be admitted as evidence.
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From Sotomayor's dissent:
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That's that. Orders at 9:30a Tuesday.
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Supreme Court conservative majority BAD
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WOW! So glad she said this. Wonder if our next generation under fascism will ever get to read it?
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Yeah, but Thomas questions the constitutionality of the constitution.
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I mean, if you're asking a Secretary of State to "find" you more votes, that's you acting as a candidate, not an official act as the President. Come on. Hatch Act, anyone?
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Did they address whether POTUS can have seal team six take out a political rival? I ask because having carte blanche to use DOJ however they want and pressuring VP to subvert the constitution seems just one step short of that.
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The majority doesn't, but Sotomayor brings up that exact scenario in the dissent.
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it brings to mind the old saying "everything i know is wrong" b/c it kinda feels like that's what's going to continue to happen...
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It feels like breaking the law should immediately disqualify it as an "official act." Maybe we could have a group of their peers decide whether or not they broke the law after lawyers for the defendant and the government present all the relevant information?
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Can Judge Chutkan schedule hearings ASAP on this rebuttable presumption, call Pence and others under oath?
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Should we assume that Trump could appeal those during the case or after judgement, because it feel like a "you have to wait till after judgement to appeal this"
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You know it’s a bad decision if Thomas concurs. That said, I’m not sure this would’ve gone any other way, and it’s not the unqualified win for Trump that some are already painting it as.
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Excuse me, sorry to bother you, but I am totally Confused...what Acts can he be Held Responsible for? Is it being kicked back down to lower courts to decide? Thank you for your time
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They actually did it. I didn’t think they would have the guts to do it, but what a fucking ending to the term. Unbelievable.
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right? and right before a holiday commemorating us throwing off the shackles of monarchy
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*drunk As in: I wish I was
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Yup, people have got to stop believing claims of stupidity or incompetence. The party that replaces Marshall with Thomas, RBG with Barrett, and feigns confusion about everything the left has to say right up until they appropriate it to spit at us (masks: my body my choice) knows what it’s doing.
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Biden should arrest all republican members of congress and the supreme court and should hang them--it would be an official act so it is legal.
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Surely he should just declare he is presedent for another four years?
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Good point!! That would be an official act.
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So Biden can have all six Republican justices shot dead and that's legal? Cool.
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If they thought there was a snowball's chance in Hell of him doing anything stronger than harumphing about it, they never would have had the guts to rule this way. They know that useless old mummy is no threat to their power grab.
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I am aware. But he could, and it would objectively be a good thing for America's chances of survival.
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He could in the way that he could run a marathon or learn to ride a unicycle, i.e. it's in the realm of possibility but will not ever happen
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Maybe time for Biden to go ahead and order certain drone strikes
Hope that Camp David meeting over the weekend was about Biden planning a coup.
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Nice, so is Biden going to use this new found power for anything?
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He swore an oath to preserve, protect and defend the Constitution of the United States. I think he’s duty-bound to arrest the 6 members of the SCOTUS who just decided to make the president a king.
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I agree. Also, investigating the GOP and various other rightwing organizations through the DOJ and IRS. Let’s we what the Heritage Foundation has on their books. I’m sure there’s something out of place.
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I’d prefer he just remove the corrupt six and make clear that the executive branch will not recognize any precedent decided by them. Investigations of those organizations should only happen within the law.
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So we’ll just be back here in 4 years when the GOP get in.
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I mean, purging the Roberts’ Court awful decisions like Citizens United and overriding the 14th Amendment should help with a fair election to avoid that, and allow lawful prosecution of the most corrupt GOP members…
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So... $1,000,000 bribe per pardon is now completely legal?
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GRATUITY!! GRATUITY!!! There can be no bribes!
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As long as they pay AFTER the official act is completed and not a second before.
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Not if you're that blunt about it. Now, if you're generous, and I reciprocate, that's fine, especially if you do the official act before being paid.