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I don’t think it’s an exaggeration at all to say the decision threatens the Republic. I might not have said so in 2015, before I saw how triumphantly lawless and autocratic the President could be, and how so many people would applaud it or at least shrug.
My friend and colleague Ken White has written a great thread describing some (but far from all) of the enormous problems with today's decision by Chief Justice Roberts granting Donald Trump criminal immunity on grounds never before accepted by any court. Today's decision threatens the Republic.
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Ken, this decision is effective at this moment, right? Doesn't that mean that Biden could order a DOJ investigation of the court on whatever basis he wants? It would be a shame if they uncovered, say, bribes.
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But they already said bribes are fine last week.
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True, but you never know what they might uncover, right? An excruciatingly detailed investigation of Thomas and Alito's finances would be fun.
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pure coincidence I'm sure
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Parachuting in, I wouldn't assume that's not already happening. The DOJ can't tell the SCOTUS what to do with regard to cases, but it can investigate potential criminal activity. Which I believe is what we're talking about here.
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Yes, I think you’re right. At the very least, it would be incredibly inconvenient for the justices. But I think it’s clear by now that some ‘improper’ activities would come to light.