Supreme Court asked to decide if Trump can be prosecuted

[CharlieH]

 

The US Supreme Court has been asked to decide whether Donald Trump can be prosecuted for crimes he allegedly committed while he was president.

Jack Smith, the special counsel overseeing two criminal investigations into Mr Trump, asked the court on Monday for a quick ruling on whether he is immune from federal prosecution.

The top court later agreed to consider his request.

It asked Mr Trump's legal team to file a response by 20 December.

The former president is scheduled to stand trial in March on federal charges relating to an alleged plot to overturn the 2020 election results.

But his lawyers have repeatedly argued that former presidents cannot face criminal charges for conduct related to their official responsibilities.

 

That argument, however, was rejected by a lower court judge earlier this month who ruled the case could go ahead as planned. Mr Trump then said he would appeal that decision.

Mr Smith's rare direct request to America's highest court on Monday was an attempt to leapfrog the lower courts altogether and quickly settle the matter.

Mr Smith wrote in his request: "This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution."

He added that Mr Trump's claims of presidential immunity are "profoundly mistaken" and "only this court can definitively resolve them".

The Trump campaign earlier accused Mr Smith of trying "a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process".

"There is absolutely no reason to rush this sham to trial except to injure President Trump and tens of millions of his supporters," a spokesperson said.

 

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Prosecutors rarely seek the top court's intervention before a lower appeals court rules on a matter, and Mr Smith's request reflects the urgency of his case.

If Mr Trump's appeal delays the trial beyond the November 2024 election, it raises the possibility that the former president could return to the White House before his case is fully resolved.

 

FULL STORY

 

 

[Berkshire]

If the Supreme Court rules for the Special Counsel, Trump is going to lose his mind.  Can't wait.

[Tug]

That’s our jack getting it done for the USA!that’s the way to beat trump at his owne game! I’d bet money trump is raging lock him up!

[stevenl]

Since the SC appears to be willing to hear the case this argument has been tossed out "The Trump campaign earlier accused Mr Smith of trying "a Hail Mary by racing to the Supreme Court and attempting to bypass the appellate process"."

[ballpoint]

If the court does somehow rule for Trump then think of the power Biden will have.  Still almost a year till the next election, and he's immune from prosecution for any federal crime he may commit, whether he wins or loses?  For any Republican appointed SCOTUS judges who may be considering voting based on their political beliefs, rather than for the constitution, I believe the term is "checkmate".

[Berkshire]

22 minutes ago, ballpoint said:

If the court does somehow rule for Trump then think of the power Biden will have.  Still almost a year till the next election, and he's immune from prosecution for any federal crime he may commit, whether he wins or loses?  For any Republican appointed SCOTUS judges who may be considering voting based on their political beliefs, rather than for the constitution, I believe the term is "checkmate".

Yeap, was thinking the same thing.  If the SCOTUS somehow rules for Trump, then Biden can literally have Trump assassinated and be immune from prosecution.  Not that Biden would ever do such a thing....555.  A no-brainer decision if there ever was one.

[Srikcir]

4 hours ago, stevenl said:

Since the SC appears to be willing to hear the case this argument has been tossed out 

We really won't know if the SC will fromally hear the case until Dec. 20th. It can simply refuse to take the case further by upholding the appeal court decision. SC is not required to hear case elevated to it.

[Wrwest]

4 hours ago, Tug said:

That’s our jack getting it done for the USA!that’s the way to beat trump at his owne game! I’d bet money trump is raging lock him up!

But … Trump will lock him up only on the first day … ha!

[HappyExpat57]

57 minutes ago, Srikcir said:

We really won't know if the SC will fromally hear the case until Dec. 20th. It can simply refuse to take the case further by upholding the appeal court decision. SC is not required to hear case elevated to it.

Supreme Court has agreed today to at least hear the case. Shít's getting real!

[HappyExpat57]

As deep a thinker as Jack Smith is, I am SURE he considered the possibility that orange jeezuz might be victorious in both the cases against him AND re-election. If such a terrible thing were to happen, Jack would face at least jail time for upsetting the tangerine traffic cone of treason. As intelligent as Jack is, it gives me a warm feeling of solid hope that 45 will face prosecution and, in spite of current polls, 45 won't plop his burgeoning buttocks back behind the resolute desk.

[stevenl]

2 hours ago, Srikcir said:

We really won't know if the SC will fromally hear the case until Dec. 20th. It can simply refuse to take the case further by upholding the appeal court decision. SC is not required to hear case elevated to it.

That's why I said "Since the SC appears to be willing to hear the case".

[BusyB]

1 hour ago, HappyExpat57 said:

As deep a thinker as Jack Smith is, I am SURE he considered the possibility that orange jeezuz might be victorious in both the cases against him AND re-election. If such a terrible thing were to happen, Jack would face at least jail time for upsetting the tangerine traffic cone of treason. As intelligent as Jack is, it gives me a warm feeling of solid hope that 45 will face prosecution and, in spite of current polls, 45 won't plop his burgeoning buttocks back behind the resolute desk.

 

Smith would have to apply for political asylum somewhere before Trump takes over if the SC goes against him. He'll have from November till January to find a nice place to live without an extradition treaty ...

[Thingamabob]

The Democrat sponsored "legal" actions against Trump make the USA look like a third world banana republic. Very sad to see.

[Bangkok Barry]

7 hours ago, CharlieH said:

But his lawyers have repeatedly argued that former presidents cannot face criminal charges for conduct related to their official responsibilities.

 

So trying to overturn an election result was part of his official responsibilities?

[HappyExpat57]

1 minute ago, BusyB said:

 

Smith would have to apply for political asylum somewhere before Trump takes over if the SC goes against him. He'll have from November till January to find a nice place to live without an extradition treaty ...

 

Of course he would not WANT to do this.

 

No, he strikes me as a serious, non-betting man who weighed all the options carefully and knows he will win.

[BusyB]

41 minutes ago, HappyExpat57 said:

 

Of course he would not WANT to do this.

 

No, he strikes me as a serious, non-betting man who weighed all the options carefully and knows he will win.

 

I'm very much inclined to agree and hope he does. 

 

[tgw]

54 minutes ago, Thingamabob said:

The Democrat sponsored "legal" actions against Trump make the USA look like a third world banana republic. Very sad to see.

 

Trump's actions are those of a banana republic's leader, his irresponsible actions enabled all of this. Look what the republican party has become, the remaining republican statesmen have become the hostages of populists without morals pandering to and elected by social media crazies.

 

All very reminiscent of the movie "idiocracy".

Except the movie's mistake was to assume decadence would rather come from "liberals".

 

Something has to be done by democracies against stupidity, but what ?

[Bangkok Barry]

1 hour ago, Thingamabob said:

The Democrat sponsored "legal" actions against Trump make the USA look like a third world banana republic. Very sad to see.

 

Yet another who can't understand that the laws of the USA are not enforced by political parties, but by the courts.

[Bangkok Barry]

10 minutes ago, tgw said:

Something has to be done by democracies against stupidity, but what ?

 

That is a worldwide problem, because most people are not too bright and have no real understanding of the big picture. In my native UK that was most evident during the Brexit vote, when even the politicians didn't really understand what the consequences would be and and addressed every issue by saying they would deal with it down the road.

 

The problem is, what is the alternative?

[RichardColeman]

2 hours ago, tgw said:

Trump's actions are those of a banana republic's leader,

Another left leaning person that never looks at their own parties but accuses others - You obviously do not read the news of Biden announcing that he will be the only one of the ballot in the Florida primaries  ! THAT IS BANNANA REPULIC ! His own party members - those wanting to be on the ballot - are now going to court to get on the ballot. want to comment on Biden doing that  ? Not seen trump try to ban his opposition from the ballot yet 

 

I am sure you are intelligent enough  to find the story for yourself, but here's one link - i do not know if they lean left or right. 

 

https://www.tampabay.com/news/florida-politics/2023/12/04/florida-democrat-party-primary-voters-biden-uygur-williamson-phillips/

Edited December 12, 2023 by RichardColeman

[Tug]

4 hours ago, Thingamabob said:

The Democrat sponsored "legal" actions against Trump make the USA look like a third world banana republic. Very sad to see.

You are 180% off on that statement in a banana republic trump would have been shot or hung long ago in a rule of law country all the legal steps are taken.what does give us a black eye in my humble opinion is trump being allowed to disparage the courts it’s officers and the obvious attempts to intimidate witness's make America great again and lock that traitor locked up!

[Danderman123]

6 hours ago, Thingamabob said:

The Democrat sponsored "legal" actions against Trump make the USA look like a third world banana republic. Very sad to see.

Keith Olbermann: if presidents have absolute immunity for acts committed while in office, why did Ford pardon Nixon?

[Danderman123]

2 hours ago, RichardColeman said:

Another left leaning person that never looks at their own parties but accuses others - You obviously do not read the news of Biden announcing that he will be the only one of the ballot in the Florida primaries  ! THAT IS BANNANA REPULIC ! His own party members - those wanting to be on the ballot - are now going to court to get on the ballot. want to comment on Biden doing that  ? Not seen trump try to ban his opposition from the ballot yet 

 

I am sure you are intelligent enough  to find the story for yourself, but here's one link - i do not know if they lean left or right. 

 

https://www.tampabay.com/news/florida-politics/2023/12/04/florida-democrat-party-primary-voters-biden-uygur-williamson-phillips/

tell me about Trump's opposition in the 2020 Republican primaries.

[ozimoron]

Just now, Danderman123 said:

Keith Olbermann: if presidents have absolute immunity for acts committed while in office, why did Ford pardon Nixon?

 

He also quoted directly from the constitution where is says that there is no presidential immunity from criminal prosecution even if he's been successfully impeached.

[tgw]

14 hours ago, RichardColeman said:

Another left leaning person that never looks at their own parties but accuses others - You obviously do not read the news of Biden announcing that he will be the only one of the ballot in the Florida primaries  ! THAT IS BANNANA REPULIC ! His own party members - those wanting to be on the ballot - are now going to court to get on the ballot. want to comment on Biden doing that  ? Not seen trump try to ban his opposition from the ballot yet 

 

I am sure you are intelligent enough  to find the story for yourself, but here's one link - i do not know if they lean left or right. 

 

https://www.tampabay.com/news/florida-politics/2023/12/04/florida-democrat-party-primary-voters-biden-uygur-williamson-phillips/

 

Well, the article you quoted explains very well why there are no other names on the primary ballot in Florida.

I suggest you read all of it, especially the part after "There are roughly 4.5 million registered Democrats in Florida. In 2020, ...".

 

Your comment is a perfect illustration of my earlier post in this thread.

 

Ignore facts, ignore rules, just misrepresent facts to mislead the public and make opponents look bad, but just stop short of outright lying, so as to avoid being called out and sued.

 

And for the record, I'm not left-leaning, but I am pro-truth.

Edited December 13, 2023 by tgw

[Danderman123]

10 hours ago, tgw said:

 

And for the record, I'm not left-leaning, but I am pro-truth.

The truth has a leftist bias.

[bendejo]

Article I, Section 3, Paragraph 7:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

 

And now our brilliant AN Constitutional scholars can explain why this doesn't apply to the orange guy.  

Let me try one: "disqualification to hold and enjoy any Office of honor "

After January 6th 2021 the US Presidency is no longer an office of honor.  DT, Putin and the GOP win on this one.

"“Well done, Republicans! They’re standing firm! That’s good for us,” said propagandist Olga Skabeeva on Russian state TV, grinning."

https://newrepublic.com/post/177432/russia-celebrates-republicans-blocking-aid-ukraine-missile-barrage

 

Oh, and Hail Mary moves?  That would be any legal move the DT cabal tried after 1/6.

 

[candide]

Meanwhile....Trump rages! 😅

 

“Now they’re saying, ‘Let’s rush it to the Supreme– we gotta rush it, rush it, rush it,” Trump complained at a rally in Iowa on Wednesday. “They could have started three years ago. Everything– nothing changed. They could have started three years ago, but they didn’t. They started just recently with this crap.”

Trump claimed that “they’re fighting like hell because they want to try and get a guilty plea from the Supreme Court,” 

https://www.yahoo.com/news/very-sick-thing-trump-rages-140403763.html

 

[ozimoron]

6 hours ago, candide said:

Meanwhile....Trump rages! 😅

 

“Now they’re saying, ‘Let’s rush it to the Supreme– we gotta rush it, rush it, rush it,” Trump complained at a rally in Iowa on Wednesday. “They could have started three years ago. Everything– nothing changed. They could have started three years ago, but they didn’t. They started just recently with this crap.”

Trump claimed that “they’re fighting like hell because they want to try and get a guilty plea from the Supreme Court,” 

https://www.yahoo.com/news/very-sick-thing-trump-rages-140403763.html

 

 

Trump has only just filed an appeal on these grounds. How could the SC have considered it 3 years ago?

[candide]

6 minutes ago, ozimoron said:

 

Trump has only just filed an appeal on these grounds. How could the SC have considered it 3 years ago?

Keep this argument for when Trump's fan will repost it on this board!