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As pb predicted: Appeals court denies Trump immunity in DC election case
By HatetheSwamp
February 6, 2024 7:44 am
Category: Law

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Former President Donald Trump does not have presidential immunity from prosecution on criminal charges related to his efforts to overturn his 2020 election loss, a federal appeals court unanimously ruled Tuesday.


Cited and related links:

  1. cnbc.com

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Comments on "As pb predicted: Appeals court denies Trump immunity in DC election case":

  1. by oldedude on February 6, 2024 8:26 am
    I agree with the appeals court. I didn't see the court seeing that possible at all. Nor do I think he should, although that has nothing to do with the legal reason.


  2. by HatetheSwamp on February 6, 2024 8:54 am

    pb's Legal Goober #2 provides some analysis and splains what's next as far as appeals and the likely Supreme Court opinion.

    View Video


  3. by Curt_Anderson on February 6, 2024 9:03 am
    “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” the panel of three judges of the appeals court wrote. “Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count.”

    Trump doesn’t deny his criminality. He’s like a garden variety criminal whose defense is the statute of limitations.


  4. by HatetheSwamp on February 6, 2024 9:18 am

    Trump doesn’t deny his criminality. He’s like a garden variety criminal whose defense is the statute of limitations.

    Now, again, Curt. pb doesn't have your background with the Supreme Court. So, because I'm unwershed, are you suggesting that Trump acknowledges his criminality?


  5. by HatetheSwamp on February 6, 2024 9:25 am

    BTW, gang, pb's Legal Goober #3, Andy McCarthy will be on Clay and Buck today too chat on Dem lawfare against Trump and this ruling in particular.


  6. by Curt_Anderson on February 6, 2024 9:30 am
    I made no such suggestion.

    I predict the Supreme Court will disagree with Trump’s arguments. If they did agree, Trump and all future presidents are unconstrained by any law. Presidents would be like medieval kings. If Trump has his way SCOTUS would be surrendering the court’s judicial authority forever.


  7. by Curt_Anderson on February 6, 2024 9:30 am
    I made no such suggestion.

    I predict the Supreme Court will disagree with Trump’s arguments. If they did agree, Trump and all future presidents are unconstrained by any law. Presidents would be like medieval kings. If Trump has his way SCOTUS would be surrendering the court’s judicial authority forever.


  8. by oldedude on February 6, 2024 9:36 am
    Trump doesn’t deny his criminality.
    Because trumpster knows that holds no bearing in an appeals court. They won't look at that, only the constitutional and legal framework of the laws used.


  9. by HatetheSwamp on February 6, 2024 9:55 am

    So, you didn't watch the Turley video. As expert as you are, he may have more insight than do you. BTW, he only tweaks your own opinion.

    In terms of the Lawfare strategy, the question is, When?

    The trial has already been postponed... and no date has been set. [Did your Holy Trinity report that?] Who can doubt that Trump will now ask for an en banc review of this decision. Even if the Appeals Court denies that, there will be a period of time involved for the denial to take place. That, of course, is best case for you Lawfare lot.

    And, then, there will be the inevitable appeal to the Supreme Court... which will take time. And, if the Court takes the appeal, which is likely don't you think?, there will be arguments, then time for that decision.

    T'only thing that matters to you is that Trump be convicted... of sumpthin... before November 5!!!!!, right?

    That he'll be convicted initially in this trial is a virtual no-brainer. But, what good will that be after election day?


  10. by Curt_Anderson on February 6, 2024 10:20 am
    To the contrary, what matters to me is that the trials commence and Trump mounts a defense. I just want a fair trial.


  11. by HatetheSwamp on February 6, 2024 10:34 am

    Good for you. At least you can claim that. I don't think po could even formulate that lie.

    So,... then... y'nes are going to have accept the reality that the Bill of Rights applies to Donald Trump, and that he deserves due process... and will receive it.

    For your viewing pleasure, I've linked to a CBS video in which the reporters and commentators salivate over the possibility that Trump can be hauled into court very quickly.

    Sorta funny. You can pick up on the glee in their voices and body language.



    View Video


  12. by HatetheSwamp on February 6, 2024 10:44 am

    If anyone here seeks truth, here's pb's Legal Goober #1 on the decision:

    View Video


  13. by Curt_Anderson on February 6, 2024 11:18 am
    What Alan Dershwitz said about senators having immunity is wrong. At the very least he was misleading. Yes, there is such a thing as congressional immunity, but that basically protects them from being charged with crimes like slander, while making a speech. Many members of Congress have been charged and even sent to jail for crimes committed while in Congress. To name two recent examples, Sen. Bob Menendez and Rep. George Santos are/were not protected by congressional immunity.

    Any immunity afforded to members of Congress or judges is limited immunity covering their official acts.


  14. by HatetheSwamp on February 6, 2024 11:21 am

    What Alan Dershwitz said about senators having immunity is wrong. At the very least he was misleading.

    You got balls, Curt.


  15. by Curt_Anderson on February 6, 2024 11:27 am
    Well, you heard what the ol' Dershbag said and you read what I wrote. Was I right or was I right?


  16. by HatetheSwamp on February 6, 2024 11:30 am

    I just listened to #3 on Clay and Buck.

    His articles are hard to follow but he gives a very good interview. The conversation was nearly 20 minutes. If I can provide a link to it later, I will.

    Bottom line, he says that there's a slight chance that the Supreme Court limits Jack Smith in a way it did in the Cuomo prosecutions.

    Most likely, the Court will take the appeal and issue a ruling... against Trump... in June and that there's a good chance the trial will begin in late July. What Turley essentially said.


  17. by Indy! on February 6, 2024 12:42 pm

    The future would be quite bleak if Trump gets away with this one. I suspect even his corrupt Clown pals on Court won't stand behind this nonsense.


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