• merc@sh.itjust.works
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    10 months ago
    1. Those aren’t things that would otherwise be crimes. He doesn’t have immunity from procedure, he has immunity for crimes. He kill the justices, or kidnap them and lock them up in some undisclosed location. He has immunity in those cases. But expanding the court would require passing a law. Passing a law is not an action that the President takes, regardless of any presidential immunity. As for felons not being able to become presidents, any law congress passed to say that would be unconstitutional, because the constitution lays out the only requirements to become a US president. The constitution also limits the ways in which the constitution could be changed, and none of that is within the powers of a president. He could kill Trump, but he can’t change the rules about who’s allowed to be president.

    2. He still believes that the system works. He thinks the checks and balances work. He believes that, regardless of the recent Supreme Court ruling, that he’s not immune, so he won’t commit crimes like that. The result might be that the final president of the Republic thought it was more important to follow tradition and live the values that he thought the president should hold, than to do what was necessary to prevent the Republic from becoming a dictatorship.

      • Snapz@lemmy.world
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        10 months ago

        Exactly. So you’re saying presidents can’t do X… Meaning there’s a penalty for X? So if president did X, that would be a crime. But if crime was committed as an official act.

        • vithigar@lemmy.ca
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          10 months ago

          No. They’re saying there’s a procedure for enacting new laws, and creating them outside those procedures accomplishes nothing. It’s not a crime. It’s also not how laws are created.

    • RubberDuck@lemmy.world
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      10 months ago

      As an official act you direct the FBI to detain a portion of congres on… let’s see… suspected treason. Then you have congres vote. Isn’t this how dictators do it?

    • BigFig@lemmy.world
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      10 months ago

      What’s stopping him now from dissolving congress? From sending them all back home and requiring governors send new representatives. This situation is the LITERAL slippery slope Republicans have cried about for decades

      • tea@lemmy.today
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        10 months ago

        The thing is that they would just not dissolve and say he has no power to do so. Biden is immune from prosecution for this, but he doesn’t have power to dissolve congress and would ignore him.

        What he could do is say that congress (or Trump or SCOTUS for that matter) are a threat to the nation and then have them assassinated or imprisoned. Based on this ruling, he’d be immune from prosecution for this act and would effectively dissolve them by force.

        The fact that it almost incentives the president to take the most extreme and authoritarian action is the scariest part of this ruling to me.

            • Dagwood222@lemm.ee
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              10 months ago

              First day of the next Supreme Court term is the first Monday in October, well before election day.

              Let’s have Biden call for a giant mob to show up in Washington and have them raid the place. He can promise to keep the police away, and sign a blanket pardon for all acts.

              See how fast the Congress changes that law.

      • snooggums@midwest.social
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        10 months ago

        Dissolving congress isn’t an executive branch power. Congress can just ignore something like that.

        The president can’t just will that kind of a thing into existence.

        • xantoxis@lemmy.world
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          10 months ago

          Shooting a gun is well within the president’s power. If he can shoot a gun with no consequences, Congress doesn’t have the ability to ignore shit.

          • TimLovesTech (AuDHD)(he/him)@badatbeing.social
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            10 months ago

            The President is also the ranking member of the military and could use the military to halt the Congress meeting, since he would be immune. It would also mean that they could not impeach or remove him because he is immune, and you cannot charge someone with immunity.

        • dylanmorgan@slrpnk.net
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          10 months ago

          Having the FBI arrest half of them and hold them indefinitely is within his authority, he just has to argue they’re terrorists. He could say every member of congress who made statements defending the January 6 insurrection is a terrorist and send them to gitmo. He’s more likely to come after the squad though.

          • snooggums@midwest.social
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            10 months ago

            Every member of congress that was part of the attempt to overthrow rhe election is an insurrectionist and should be detained or in jail by now.

  • Kaboom@reddthat.com
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    10 months ago

    Its not absolute immunity. Its presumed immunity for official acts. Its literally the same rules as always. He can still go to jail if they can prove it.

    It was basically the supreme court saying “we aint touching this, you figure it out”

    • Darorad@lemmy.world
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      10 months ago

      It’s absolute immunity for “core constitutional acts” and presumed immunity for every other official act.

      The ruling also said trump can appeal rulings on if specific acts receive immunity, so they can overturn a ruling they don’t like.

  • Flax@feddit.uk
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    10 months ago

    Unpopular opinion: You should be allowed to run for president and be a president even with a criminal record. I don’t support trump and think the convictions are well earned. But democracy is a democracy - it’s up to the people to decide whether or not they should have a convicted criminal in office.

    • merc@sh.itjust.works
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      10 months ago

      Especially given that prosecutions are often racially biased, and sometimes politically biased.

      If an opponent with a criminal record can’t run, you incentivize an immoral president to have their political opponents charged with anything they can think of.

      OTOH, the American electorate is filled with idiots. You would hope that people would see through a purely political conviction and not let that stop them. But, the reality is probably the opposite, a serial killer who ate his victims could run, and if the party got behind that candidate, half the electorate would not know he was a serial killer, or they’d vote for him anyhow, or they’d think his conviction was just a psy-op and his victims were crisis actors.

      • Flax@feddit.uk
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        10 months ago

        Your second paragraph is the main reason.

        I am from the UK and a famous example is Bobby Sands MP. Was a member of the PIRA, but was in prison and got elected MP for his constituency. While I do believe the PIRA to be a brutal terrorist organisation, the people who voted him in wanted to show their support - and I agree with their right to do that as much as I vehemently disagree with their choice

        • merc@sh.itjust.works
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          10 months ago

          I agree, but I wish there were some way to ensure that voters were making an informed choice.

          In the case of Bobby Sands, I assume they were. That was a high profile case. It’s even vaguely possible to make the case that he was a political prisoner.

          But, almost daily I see interviews with Trump voters who seem to have lost their connection with reality. And, it’s not even a wrong but consistent worldview. It’s just a bunch of incoherent conspiracy theories that fall apart under the most gentle questioning. Unfortunately, there’s probably no way to restrict voting to only sane and well informed voters, because any restriction you put in place could be abused.

          • Flax@feddit.uk
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            10 months ago

            I think the main issue was the “don’t trust the mainstream media” and “fake news” BS. It was genius if you think about it. Then people will go to him for their info.

            I also understand though that the USA has less unbiased reporting, unlike the UK where unbiased is generally the standard for TV reporting, especially for the BBC.

            Our newspapers, however…

            • merc@sh.itjust.works
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              10 months ago

              Yes, I really think a major reason that the US is failing is the lack of an equivalent to Australia’s ABC, Britain’s BBC, Canada’s CBC, all the way to (I wish this were true) New Zealand’s ZBC.

              Those public broadcasters anchor the news reporting space. Many people think they’re biased, and it’s probably true that they aren’t 100% neutral, and definitely have an institutional bias. But, the kinds of people who work for those public broadcasters really believe in their mission to tell the truth. Normal news consumers still end up in filter bubbles, but it’s really easy to pop out of those filter bubbles for a second and check out the public broadcaster. In the US, even the supposedly centrist for-profit broadcasters are heavily biased because they need to make money. The bias isn’t necessarily left or right, but it’s in favor of whatever’s sensationalist and will keep people glued to their TVs.

              • Flax@feddit.uk
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                10 months ago

                Interestingly enough, you find a lot of people claiming the BBC is biased, but those people cannot agree on who they’re biased towards 😆 so they must be doing something right.

    • Imgonnatrythis@sh.itjust.works
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      10 months ago

      Agree. The fact that we have to try to think of ways to block this guy from being on the ballot is the truly sad part. It’s mind blowing that the simple gigantic list of inadequacies and reasons not to vote for him isn’t enough. I can’t comprehend what has happened to peoples brains. A pod person epidemic seems like an increasingly viable explanation.

  • ansiz@lemmy.world
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    10 months ago

    The worst part is that Biden and the Dems don’t have the balls to do anything like this or intentionally put this verdict to the test. Just clutch their pearls and not actually do anything.

    • UnderpantsWeevil@lemmy.world
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      10 months ago

      Nobody in this administration actually wanted to prosecute Trump. That’s why the Stormy Daniels case had to go through NY State Court rather than the federal system. Biden’s USAs sat on these cases for nearly four years, after he took office. And they slow rolled them all through the various federal districts during the primary, with the hope that he’d lose the primary and the problem would just go away.

      Everyone in the White House responsible for prosecuting Trump must have breathed a big sigh of relief when that SC verdict came down, because it gave them the perfect excuse to drop all the charges.

      • Mnemnosyne@sh.itjust.works
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        10 months ago

        Democrats are like ‘Good Cops’. They’re not the ones actively murdering and beating and doing all the bad shit. But they do just kinda stand around while it happens and don’t do much.

        We need them, for now, to at least not make things worse, but what we really need is to fucking change things from the bottom up. Unfortunately, I’m afraid it is likely too late. Such change will take two or three decades, and that’s if, in this next election, enough people actually rally together to start doing something, and continue doing something for the next thirty years.

        • UnderpantsWeevil@lemmy.world
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          10 months ago

          We need them, for now

          Surrounded by tigers, but don’t worry I have this rock that I was told scares away all the tigers.

      • Asafum@feddit.nl
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        10 months ago

        Nobody in this administration actually wanted to prosecute Trump

        “Tonight on Hannity: Biden LITERALLY kicked down the door at the DOJ and held a gun to their heads FORCING them to attack poor poor sad innocent Donald Saint Trump for made up crimes!”

        Reality doesn’t matter anymore

        • Krauerking@lemy.lol
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          10 months ago

          Neat. Then we all panic. Force the rule change back and Biden goes out a martyr hero instead of a lackluster shill who slowly shambled his way towards oppression for his constituents.

    • Freefall@lemmy.world
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      10 months ago

      Gotta take the high road while the other side takes a road so low it undermines the foundations of everything we are!

    • Asafum@feddit.nl
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      10 months ago

      Biden already said as much with his response to the ruling.

      Paraphrasing: “We must respect the (self imposed) limits to the presidency and I will do so. We can’t exactly trust the next guy to do so and that’s dangerous.” (Proceeds to wag finger as if that will do fuck-all)

      • Buddahriffic@lemmy.world
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        10 months ago

        You know how Chamberlain ended up with a reputation for being the coward that allowed Hitler to become powerful on the world stage? Biden is gambling on this fucking election that it will prevent him from going down in history as today’s version of that.

        Except it will be more deserved for Biden because Chamberlain knew the Allies didn’t have the capability to stop Hitler with force when Hitler was making his early moves and was quietly building up the UK’s military while appeasing Hitler.

        Everything that is about to come is as much at Biden’s feet as it is at Trump’s and all his fascist friends’.

  • FiniteBanjo@lemmy.today
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    10 months ago

    Immune from criminal prosecution*

    The state AGs can and will still challenge any and all such executive orders.

    But if Biden hypothetically were to kidnap, beat, or murder supreme court justices or political opponents, then that’s another story.

    • blackbrook@mander.xyz
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      10 months ago

      Even if he were prosecuted, his lawyers could claim he was too senile to know what he was doing, and it’s not like he’s got enough years left in him to worry about seeing the end of it.

      • FiniteBanjo@lemmy.today
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        10 months ago

        Yes. To clarify for you:

        One story is he does regular legislative actions, the states can contest it

        another story is he does something criminal as official business, nobody can do shit about it

    • ArcRay@lemmy.dbzer0.com
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      10 months ago

      Yep, EO’s are still subjected to judicial reviews.

      This ruling doesn’t let Biden write new laws. But, he could put out an EO and then use force to enforce it. He could put one out, that then gets overruled, then he could just claim that the justice department was wrong.

      This is so fucking stupid

      • FiniteBanjo@lemmy.today
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        10 months ago

        A brilliant kind of stupidity, though. They know this won’t hold up, they’re just trying to buy time so Trump doesn’t spend part of his campaign behind bars.

  • Freefall@lemmy.world
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    10 months ago

    So, Fat Orange Clown, how is “hiding documents you shouldn’t have as a non-president” an official act? How is anything done as “not the president” an official act?

    RIP

    • Madison420@lemmy.world
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      10 months ago

      That’s not what they said iirc. Now everything has to be presented to determine if it was an official act, if so immunity, if not no immunity.

      It’s a very half hearted way to look like they’re backing trump but actually throwing him to the wolves since it’s not an official act and everyone knows it. It would similarly reverse clintons impeachment since lying to Congress was as president and therefore an official act.

      • HelixDab2@lemm.ee
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        10 months ago

        It would similarly reverse clintons impeachment since lying to Congress was as president and therefore an official act.

        No, this decision wouldn’t affect that at all. This decision covers criminal prosecution, not impeachment. Now, if Clinton had been indicted, tried, and convicted of perjury for lying to Congress after Bush was elected in 2000, then it would be unwinding that conviction, if it was determined that it was an official act as president.

        • Madison420@lemmy.world
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          10 months ago

          I don’t think that actually matters, if a president is immune from serious criminal prosecution the same reasoning would make them immune from civil.

          • HelixDab2@lemm.ee
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            10 months ago

            I don’t understand what you’re saying here.

            Impeachment isn’t a criminal process. It’s also not civil. Impeachment is it’s own thing, outside of the judicial system. A prosecutor can’t impanel a grand jury and have the grand jury impeach an elected or appointed official. If Clinton had been both impeached and removed from office, this decision would do nothing to affect that.

            On the other hand, if he had left office, and then had been criminally charged for lying to COngress, while he was sitting as President, and was convicted, then this decision would be unwinding it.

            • Madison420@lemmy.world
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              10 months ago

              Impeachment is by definition civil. If I can shoot you in the face and get immunity then I can certainly lie to Congress. They’re pretty literally saying it’s absolute immunity.

              “High crimes and misdemeanors” the president is immune to them all now. Criminal, civil, administrative, doesn’t matter with absolute immunity comes absolute power.

              • Telodzrum@lemmy.world
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                10 months ago

                It’s not a civil or criminal matter. Impeachment is inherently a political process. This ruling has near-zero bearing on it.

                • Madison420@lemmy.world
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                  10 months ago

                  It’s civil the clause even specifically refers to civil officers, it’s a civil process like every other process don’t by the government. There is no such thing as a political process.

  • Suavevillain@lemmy.world
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    10 months ago

    I wish Dems had that dog in them to fight, even if this was possible. The fact they still go around calling modern day GOP their friends and colleagues says more than enough.

    • Facebones@reddthat.com
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      10 months ago

      They’re all on the same corporate payrolls, dems are and have been nothing more than controlled opposition.

  • SeattleRain@lemmy.world
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    10 months ago

    Dems are controlled opposition. How many times do they have to betray you before you learn that.

  • Hedup@lemm.ee
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    10 months ago

    Of course Biden shouldn’t do anything heinous, but he definitely should do something earthshaking against either Republican party or the Supreme Court just to make a point.

    • zbyte64@awful.systems
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      10 months ago

      Thing is, this tool the SCOTUS has given the POTUS only works for fascists. Even if Biden did house arrests it would likely blow up in our face.

      • Hedup@lemm.ee
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        10 months ago

        Perfect opportunity to do something, get impeached (including dems) and rally behind a new canditate.

  • mightyfoolish@lemmy.world
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    10 months ago

    Last episode of Dragon Weekly Americano, we witnessed the once heroic group known as the Supreme Court Justice 9 reveal their evil plans meant to enslave the citizens. The author made the villains so strong, the emboldened villains themselves wrote themselves a weakness knowing that there is no opposition strong enough to wield the mighty power of “Absolute Immunity” against them. Is there anyway to stop the Supreme Court Justice 9, find out in this episode of Weekly Americano.

  • geekworking@lemmy.world
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    10 months ago

    All this talk about Biden could do all of these administrative things that he can’t legally, but it misses the point.

    Say he pushes some illegal orders. He can not get in trouble for pushing them, but they can be legally challenged and shot down quickly. Especially when you can legally “tip” helpful justices.

    He would need to do things that could not be taken back.

    • Bytemeister@lemmy.world
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      10 months ago

      You’re missing the point, where the president can now legally commit an illegal act, and call it an official act, before the lawyers can deliberate, he’s rounded up dissenters in the government and had them shot. No amount of lawfare raises the dead.