Most of the accusations against Trump, including both impeachments, depend on some mindreading. That is, there was nothing wrong with what Trump actually did.
In dividing official from unofficial conduct, courts may not inquire into the President's motives. Such a “highly intrusive” inquiry would risk exposing even the most obvious instances of official conduct toju- dicial examination on the mere allegation of improper purpose. Fitz- gerald, 457 U. S., at 756. Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law. Oth- erwise, Presidents would be subject to trial on "every allegation that an action was unlawful,” depriving immunity of its intended effect.The court also ruled in favor of J6 protesters who were convicted of corruptly destroying court documents. They did not destroy court documents, they were trespassing on Capitol grounds. And they were not doing it corruptly. They were doing it as a political protest.
A criminal case should prove criminal intent. I am not disputing that. Convicting Hunter Biden required proving that he checked a box falsely, and that he intended to buy the gun under false pretenses. His real crime was collecting bribes in the name of his father, but that is another story.
In Trump's case, he said: "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard." The prosecution is based on mindreading Trump to argue that this was some sort of code phrase for instigating a violent insurrection. Other cases also require bizarre stories for that Trump was thinking.
Update: Here is Biden, on the scotus immunity ruling:
So, now — now the American people have to do what the Court should have been willing to do but would not. The America people have to render a judgment about Donald Trump’s behavior. ...So Scotus undermined democracy by forcing the American people to vote on the matter!I concur with Justice Sotomayor’s dissent today. She — here’s what she said. She said, “In every use of official power, the president is now a king above the law. With fear for our democracy, I dissent,” end of quote. So should the American people dissent. I dissent.
3 comments:
Biden still has several months to use these newly awarded powers.
Sooo, after all the banana republic malarkey the Resident of the United States put the country through, NOW he says it's up to the electorate...AFTER he tried everything else unconstitutional.... and made a senile fool of himself on national television before a live audience of millions...and got his not to sly lawfare meddling bitch slapped by the Supreme Court.
Hmm. Joe's diaper should have been changed a long time ago.
"Politicians and diapers must be changed often, and for the same reason."
Mark Twain
@MikeAdamson,
The SCOTUS didn't create any new powers. Read the actual ruling. It just legally reminded Biden of the office he's supposed to be officially upholding...instead of using its resources to attack his political rivals. The Democrat party may be sending someone for another White House chat with Joe pretty soon. I suspect Biden will soon discover he has to step down so he can spend more 'quality' time with his family.
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