The Supreme Court recently heard oral arguments regarding former President Trump’s claim of immunity in the case of Jack Smith’s alleged involvement in the events of January 6 in Washington, DC.
This legal battle reached the highest court after the DC Circuit Court of Appeals rejected Trump’s immunity defense.
Initially, Trump’s legal team contended that as a former US President, he is shielded from federal prosecution for any purported offenses committed during his time in office.
John Sauer, a lawyer representing Trump from Missouri, emphasized this point during his opening statement at the Supreme Court hearing.
Sauer argued that Smith’s indictment relied on ambiguous laws that sought to criminalize actions falling within the essential powers of the presidency.
The crux of Sauer’s argument was centered around the concept of presidential immunity, which he asserted is crucial to safeguarding past presidents like George W. Bush and Barack Obama from facing legal repercussions for decisions made while serving in their official capacity.
By framing Trump’s case within this broader context, Sauer aimed to illustrate that holding former presidents accountable for their actions during their tenure could set a dangerous precedent and undermine the institution of the presidency itself.
The debate over presidential immunity raises complex legal questions about the extent to which a former president can be held liable for actions taken while in office.
Critics argue that granting such immunity could create an unchecked power dynamic that shields individuals from accountability for potential wrongdoing.
On the other hand, proponents of presidential immunity contend that it is essential for preserving the independence and effectiveness of executive decision-making.
As anticipated, the liberal justices, along with the appellate court judges, raised outlandish hypothetical scenarios.
Following this, the justices interrogated Michael Dreeben, the prosecutor for Jack Smith. It is worth noting that Dreeben was previously involved in Mueller’s investigation into ‘Trump-Russia’.
A single question from Conservative Justice Samuel Alito dismantled DOJ prosecutor Michael Dreeben.
“If the president gets advice from the attorney general, that something is lawful, is that an absolute defense?” Alito asked Dreeben.
“Yes, I think that it is,” Dreeben said.
“But won’t that give presidents incentive to be sure to pick an Attorney General who will reliably tell the president that it is lawful to do whatever the president wants to do if there’s any possible argument in favor of it?” Alito asked Dreeben.
“I think the Constitutional structure protects against that risk. The president nominates the attorney general and the Senate provides advice and consent,” Dreeben said.
This line of questioning also dovetails other questions asked by Gorsuch related to subordinate liability.
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The argument against Presidential Immunity is based on the idea that a President must have penalties for breaking the law, and therefore Courts should have the right to prosecute a President.
This argument was clearly answered in the U.S. Constitution.
The U.S. President has total absolute immunity from all Judges and Courts in the U.S., except for the U.S. Congress.
If a President breaks a laws, only the U.S. House of Representatives in Congress has the power and responsibility to indict a President, and then the U.S. Senate after receiving the indictment has the responsibility to put the U.S. President on trial to determine his guilt or innocence.
The U.S. Constitution protects the President from being prosecuted from every Judge and Court in the United States, ( that may have political motivations ).
Only the U.S. Congress has the power and responsibility to indict and try a President of the United States, so the argument that not allowing U.S. Courts to indict and try a President allows the President to freely violate the law and commit crimes at random is NOT TRUE.
If a President clearly violates a U.S. Law, it is the sole responsibility of the U.S. Congress to indict and try the President, and no one else.
If a President commits a high crime or misdemeanor, only the U.S. House of Representatives has the sole power to indict a President and to put the President on trial in the U.S. Senate to determine his guilt or innocence of the charges in the indictment.
A U.S. President is NOT allowed to abuse his authority and violate U.S. laws at will, because the President is answerable to the U.S. Congress.
The U.S. Congress that has the sole power to hold a President accountable for violating U.S. laws, and no other Court or Judge.
Presidential immunity in the U.S. Constitution protects the President from all indictments from all courts in the U.S., “except for the U.S. Congress”.
Only the U.S. Congress has the power under the U.S. Constitution to indict and determine the guilt or innocence of a U.S. President.
A U.S. President is answerable to the U.S. Congress but no one else.
This issue was debated and argued while creating the U.S. Constitution, and that was the agreed compromise adopted by the framers of the U.S. Constitution written into the U.S. Constitution.
This is clearly spelled out in the U.S. Constitution.
A President does have absolute immunity from all prosecution from all U.S. Judges and U.S. Courts in the U.S., but a U.S. President has to ultimately answer to the U.S. Congress, and only the U.S. Congress can indict and prosecute a U.S. President.
EXACTLY!!!!!! Try explaining this to the Jackass Smith team!!!!!
Except for a Communist POS Democrat like Barack Hussein Obama and Joe Biden.
Commies always get away with High Crimes against the Constitution.
Just ask any Republican Whimp in Congress.
Many pompous attorneys do not understand simple English. Sad!
ps: Thank you Jim W. !
Amen to that!
The problem being, the Democrats don’t give a damn about the laws or the Constitution. They feel that they can do whatever they want. What is happening to former President Trump, according to the Constitution as the local and State Judges do not have the power to indict and try a sitting President, and/or for “crimes” they may have committed while in Office. The stuff that President Trump is being tried for in nothing but BS and how can a Federal DOJ prosecutor work on local or State legal problems? What is happening in NY is total BS. Even the Judges know better, but really care because they are more interested to stealing everything that President Trump has worked for. The people trying the cases only want what Trump has, and/or the cases are purely pollical and they are trying to do damage so Trump is unable to campaign for the Office of President and are so scared of the man, they are willing to make up things, say things, and do things that hurts and harms Thumps ability to run for office. Perhaps the wrong person/persons are being tried.
Notably, in the past, we have often heard the democommies brag about – -“Laws, what laws? We make them up as we go along!!” And they do exactly that. Time to put a stop to their lies and shade-making. Right now, those democommies and their far-left (Soros’) donors are fully funding the anti-Israel protests (RIOTS) taking place throughout the world. Someone, needs to “follow the money trail” and start making federal AND international arrests, to put them ALL out of business. If this does not happen, then the NWO will win and communism takes over!!
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The main question here is when does the DOJ stop this creation of crimes by TRUMP STOP??????
Obama and Clinton better hope that Trump wins his presidential immunity case. If not Obama and Clinton are going to jail for their dubious crimes can’t wait to see them squirm their way out of those crimes. If Trump looses Biden will die in jail for all his crimes. In should be in jail now for what he’s done to this country. Most corrupt president ever to sit in office.