@gooba42 I understand your cynicism, but even with the Supreme Court as currently constituted, I am confident that Trump will not win his presidential immunity argument. If SCOTUS accepts the case, it might create some wiggle room for future argument and nuance around the edges, but it won’t grant full presidential immunity from criminal prosecution
Seth Shapiro, Esq.
Lawyer / Law firm founder. Politics. Music. Tech. Science. Philosophy. Economics. Bodybuilding. Love. Plant Daddy Turned Human Daddy. NYC + MIA.
#SCOTUS has a principle of avoiding constitutional questions if possible and could apply it by not ruling on #presidential #immunity in general. #Estoppel is a principle that precludes a party from making an assertion and applies in various contexts. Here, #Trump argued at his #impeachment #trial that he should not be #convicted by the #Senate and instead be subject to criminal prosecution. Thus, he cannot now take the opposite position in court that he is #immune from criminal prosecution
If #Trump had his way with his #presidentialimmunity argument, then #Biden could have Trump assassinated, seize voting machines, and stop the #2024Election to remain as “president,” although effectively a #dictator , without being criminally prosecuted . In other words, Trump’s own argument could prevent him ever becoming #president
News that foreign gov’ts paid #Trump while #POTUS millions of $ through his businesses, which he refused to leave when entering office unlike every other #president
#JaredKushner also received $1 BILLION from #SaudiArabia upon leaving #WhiteHouse as advisor
#GOP is silent about that corruption but wrings its hands about #HunterBiden , a private citizen, for working for a foreign company #Burisma despite NO evidence of #JoeBiden involvement. #hypocrisy
facebook.com/share/v/My1y3WeBpypZ7ypw
Thoughts on upcoming #SCOTUS case re #Trump #disqualification from #POTUS
1. SCOTUS can’t render Sec.3 of #14thAmendment a dead letter by limiting it to the #CivilWar. The plain text applies to any #insurrection.
2. Whether one aided an insurrection is a fact-based ruling by the #trial court, which requires great #deference by SCOTUS.
3. SCOTUS will likely set a #legalstandard to DQ a person from office. I predict a high standard, which could require #statecourts to revisit their rulings.
I’m back! Looking forward to providing you with more objective #legaltakes on #politics and other matters of #publicinterest.
#Objectivity is crucial for #thelaw. In my career, I have had the privilege of working with many #brilliant #attorneys, but their brilliance did not protect many of them from having blind spots caused by political #bias. You can trust that any conclusion that I reach here is based on the facts and law, not bias.
@kaydenpat same thing
Failed former and disgraced #president #donaldtrump was threatened with #imprisonment by #Judge #Engoron for violating his #gagorder by failing to remove a false and defamatory #tweet about the judge’s staff. Surprise level = zero. #potus #trump #nationalembarrassment
#MAGA #Republican #jimjordan (aka #GymJordan) lost even more votes to be #SpeakerOfTheHouse by secret ballot than public ballot, showing once again that the #GOP is a bunch of cowards who are too scared to do the right thing unless it’s in secret #shame #partyoftrump #UltraMAGA #nytimes #newyorktimes
https://www.nytimes.com/live/2023/10/20/us/house-speaker-vote-jim-jordan
@gooba42 Which is one of several reasons why they can’t get anything
#Hypocrisy: The #GOP doesn’t want the extreme #MAGA minority wing of their party to rule them with #JimJordan (aka #GymJordan) as #SpeakeroftheHouse , but they are perfectly comfortable with their minority rule over the country through #gerrymandering and #votersuppression.
https://amp.cnn.com/cnn/2023/10/15/politics/jim-jordan-house-republicans-speaker/index.html
1. #Journalists are doing their job by investigating. They know the company (Devolder Organization LLC), but it has no website and dissolved.
2. #Republicans won’t denounce #GeorgeSantos because they need him in the #House for a stronger majority. They won’t admit that, though, so they refuse to talk to the media about it or defend Santos on the basis that everyone lies.
#ElonMusk a/k/a the #FreeSpeechFraud is in the final stages of destroying #Twitter . #TwittertoShitter #karma #RIP
Seth Shapiro, Esq. boosted:
The #media wrongly portrays difficulty in proving Trump’s #criminalintent re #January6
1. #Actualintent is clear. E.g., #Trump kept insurrectionist meetings off his calendar bc he knew that they were criminal.
2. #Recklessness (intentional disregard) can be proven instead. Trump ignored the zero evidence of election fraud & his own campaign & govt attys, & unreasonably sided w/ non-election attys. It’s like ignoring cardiologists warning of heart attack bc gynos say don’t worry.
#Trumpisguilty
@dralant the #January6thReport report explains that, as Commander-in-Chief, #TFG owed a duty to protect the country from domestic enemies and willfully failed to do so. That “dereliction of duty” violates his oath of office and constitutes a criminal act. When there is a duty to act, the failure to act creates liability.
@dralant right, but the defense is that Trump lacked criminal intent when he was doing those things. Hiding meetings from his calendar, among other evidence, shows that he knew that his actions were criminal.
The #media wrongly portrays difficulty in proving Trump’s #criminalintent re #January6
1. #Actualintent is clear. E.g., #Trump kept insurrectionist meetings off his calendar bc he knew that they were criminal.
2. #Recklessness (intentional disregard) can be proven instead. Trump ignored the zero evidence of election fraud & his own campaign & govt attys, & unreasonably sided w/ non-election attys. It’s like ignoring cardiologists warning of heart attack bc gynos say don’t worry.
#Trumpisguilty
#Senate Minority Leader #MitchMcConnell calls on #Trump to back off from the primaries and criticized him for making #swingvoters see #Republicans as “nasty” attracted to “chaos.” McConnell was never concerned with the #GOP being nasty and chaotic until it caused them to lose #elections. McConnell doesn’t care about anything except winning. #GQP #Democrats #GOPHypocrisy #democracy
The House Ways & Means Committee voted to publicize #Trump ‘s tax returns. The outcry from #GOP Trump sycophants is nonsense because every #president since #Nixon has released his tax returns, and #Trump should’ve too. Indeed, he promised to but, unsurprisingly, went back on his word. This is a big win for transparency, and it will be interesting to see how his tax returns relate to his actions as #POTUS.
https://www.washingtonpost.com/politics/2022/12/20/trump-tax-returns-house-democrats
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