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After the Court’s decision yesterday, I think there’s an argument from necessity for Biden seizing Trump and trying him by military tribunal, given the sudden unavailability of Article III courts. Plus, itʼs just the sort of thing they’ve authorized an active and energetic chief executive to do.
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I was thinking exactly the same thing. Show the consequences of the Supreme Court's decision so that everyone understands clearly.
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Roberts is banking on Democrats not taking advantavd of the broad immunity he just granted to the presidency and he’s probably right
People keep saying this as though that immunity would apply to Joe Biden in the way that it applies to Donald Trump, when I think it is pretty clear that the court does not intend for this to be the case.
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If Biden uses it we get a civil shooting war. If Trump uses it we get a theocratic emperor.
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You’re gonna get the shooting one way or another. Best pick your battle.
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“Choose your hard” as they say.
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You're right, but he can literally execute Trump long before it gets to the courts. Or maybe delay delay delay until he dies in prison.
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They definitely don’t, but they opened the door and it’ll stay open til they close it
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It won't be the least bit surprising when Trump begins taunting Biden at rallies for refusing to be "strong" and take full advantage of his new powers
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There's an even better argument for Biden ordering the extraordinary rendition of several supreme court justices to undisclosed locations. The remaining three justices declare 28 USC 1 (requiring six-justice quorum) unconstitutional and overturn Dobbs, etc.
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This is outside the box thinking that parallels what Republicans have cooked up for decades.
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There are no laws any more. Only fig leafs.
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The difficult part there would be getting the liberal justices to play along. Unlike Trump, a large portion of Biden's coalition supports him in order to preserve democracy and the rule of law. If he starts acting like a dictator it threatens to demolish that coalition.
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You're right. Biden could also or alternatively order the extraordinary rendition of about 12-18 republican congresspersons, so there's congressional majorities for amending the federal Judiciary Act.
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You got the same problem there, it's possible a significant number of Democrat congress people revolt. This is a situation that would be difficult even for a canny political operator, Biden is completely out of his depth.
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Maybe. But people are clueing in that there is no rule of law to return to. SCOTUS anointed Biden king on the calculation that he will refuse the powers they mean for Trump. As a simple matter of survival the Democratic caucus needs to understand the new abnormal.
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Perhaps, but Dick Durbin is still too chicken shit to do hearings so I am skeptical that the caucus will rise to the moment.
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There's an argument for anything now, but he won't do it. I wish I found that admirable but I'm scared of what's going to happen in November with the way some people who should know better have been talking. It's like everyone is sleepwalking towards a cliff.
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This. How many thought Roe was the worst from Trump packing SCOTUS? Biden refused to pack it to restore balance; what do you think of that inaction now? What in a few years' time? Trump wants to be a dictator. People also didn't believe what Hitler said in Mein Kampf until it was too late.
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It's not really fair to say Biden "refused" to do something he didn't have the votes to do. So much criticism of Democratic presidents seems to be "he's a wizard who can snap his fingers and solve every problem, but chose not to out of sheer malice or incompetence. Why would he do that?"
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Yes but they did nothing. No coordinated plan. No response. For decades. And now they're going to do nothing and play by rules that no longer exist right up until Trump executes or imprisons them, which he will do on day one...right before he turns the dogs on us.
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Technically, we could say “we the people” did nothing, no response, for decades. Big change requires big majorities. Did we let the opposition have a SCOTUS supermajority because we keep letting them win elections?
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I don't know. Republicans manager to have a long-term plan to overthrow the US whether they had majorities or not, despite running the dumbest mfers alive every year. We couldn't even get someone who took the rights of half the population seriously.
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Whatever the merits of that argument were, after Monday Biden really does have basically unlimited power and he has already pledged not to use it.
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You’re literally doing the thing I just described. Biden doesn’t have “unlimited power,” he just can’t be criminally prosecuted. So realistically, what criminal act can be perform that won’t turn off his base of voters more than it helps?
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Disappear the six justices to Gitmo? He doesn’t even have to claim credit for it.
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Well now the "rules" have changed, perhaps Biden should take one for the country, use the presidency's new immunity to remove the corrupt SCOTUS members to restore logic & integrity there, even if the resultant SCOTUS would overturn that overly-broad immunity & result in him being convicted?
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This situation is scary. I worry that there's no way now to avoid democracy dying in the USA. If Biden uses his new immunity that wouldn't necessarily stop it. This is an awful situation SCOTUS have created.
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I keep saying Democrats need to out proposing a Constitutional amendment to limit the scope of Presidential power, and the usual suspects are rushing to say 'but how would that even pass, such a waste of time blah blah.' idk maybe give people another reason to get out and vote?
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God, I wish he’d do something like that. But he’s a decent guy.
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Exactly right, and if he doesn't take off the gloves, he'll lose me. Not my vote, just my loyalty. It's time to fight them using their weapons.
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If he did, he’d be committing a mortal sin, something a devout Catholic would just not do, even if it were legal by man’s laws.
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Depends on what he'd do. I'm not suggesting he kill anyone. But he still won't consider reforming the Court, so he's losing me there. Taking off the gloves could be radically changing SCOTUS, within his powers.
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How can he do anything w/out congressional support?
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He can't do much without Congress, but as recently as today he's said he isn't in favor of reforming the Court. That was a letdown.
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What’s indecent about what’s been proposed? You’re confusing his meekness with decency.
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A practicing Catholic like Biden would be committing a mortal sin by ordering trump’s death. Even tho SCOTUS shields him, it would be a gross violation of the tenets of his faith. Joe Biden would never do that. Cradle Catholic here, but I’ve been in recovery for 55 years.
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Not explicitly in this thread but folks are talking about the Seal Team 6 question that was raised by one of the justices during oral argument.
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Bold and fearless action indeed
Immune from official acts. Head of the military is one of those acts. Why not
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Much as Obama really dropped the ball by not raising the alarm that Trump was being investigated for Russian ties in 2016, though he legally could, this just aint happening though legitimately necessary.
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That is my thinking, too. The SC went out of its way to proactively empower Trump and subject us to his worst instincts. Does Biden have a responsibility to use (no, abuse) that power instead? I wish I was kidding, but I’ve been thinking about it for the last 24 hours, like, a lot.
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If he doesn’t, he’s basically allowing SCOTUS to be a royal team of dictatorship. They are counting on him just letting him. A huge public pressure campaign needs to be exerted on Biden. Will it work? Who knows? What do we know does NOT work? Not saying anything to him.
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It is a dare they know Dems won’t take up. The right is playing for keeps against people that still think norms will save them.
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I mean, Trump called for Liz Cheney to face televised military tribunals on Sunday. Goose, gander, etc.
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If I were 81 going on 101 and had the power to do it I would FWIW