Appearing in appeals court against special counsel Jack Smith on Tuesday, Donald Trump argued he was 'presidentially' immune from criminal charges alleging he conspired to subvert the 2020 election.
The stark question was posed to Trump’s attorney John Sauer by Judge Florence Pan: Was a president immune from prosecution for any unlawful act, at all? Could a president order his political rivals to be assassinated by Seal Team 6 as an official act? Could he sell pardons at his pleasure if he saw fit and then face no consequences for his actions?
“He would have to be impeached and convicted first,” Sauer replied,
Well the real answer is because this isn't about Biden and bringing a whataboutism into court would be incredibly unprofessional of a judge. That's something one of Trump's idiot appointees would say and we would all be wondering how the case isn't being thrown out for unprofessional commentary
Whataboutism is shifting focus away from something person A did, by bringing some action by person B into it when it doesn't belong.
Asking how a legal theory would apply in some other context, to highlight the absurdity of what the lawyer is saying because the answer would be absurd, is a very different thing.
I can see maybe saying it without the word "Biden" but focusing it on Trump would be better, yeah. E.g. asking if some other president would be allowed to murder his political rivals (specifically including Trump), without opening to door to complications. Obviously the answer is that Trump thinks he should have a special set of rules that don't apply to anyone else, but the closer you can get to forcing his lawyer to explain out loud that that's what they're asking for seems like it'd be a good thing.
Oh wow, what a big fucking surprise. Trump's team is now arguing he can't be charged because he wasn't impeached. Yet 4 years ago, the cowards in the GOP said they couldn't impeach him and it was up to the courts to take responsibility for punishing Trump.
Who could have guessed that these slimy fucks would do that? Everyone?
Also, if the court sides with Trump, and he gets impeached again, the GOP will use the exact same excuse and ignore this ruling entirely and not convict.
Taken to it's logical conclusion, this idea would basically posit that all the president must do to become a dictator is take out the whole Senate at once, or just have absolute loyalists in enough of the seats, or a combination of the two. If there's no Senate, the president can't be impeached and convicted, and if the president cant be held accountable for anything unless that happens, then they can illegally stop any new elections to get new senators with no consequences (or a new president for that matter) and act with impunity.
Taken to it’s logical conclusion, this idea would basically posit that all the president must do to become a dictator is take out the whole Senate at once, or just have absolute loyalists in enough of the seats, or a combination of the two
Didn't they sorta try that 3 years ago? Shouldn't that be a huge red flag for this argment?
They have a much more rigorous plan for this now. The following is a link to the published 970 page manual on how the GOP intends to take permanent control of the US.
Hmm sounds like the whole "balance of power in the 3 branches of government" is being completely ignored by this dumb lawyer.
The executive branch must be held accountable by more than just the Senate... Otherwise there might as well only be 2 branches of power and the justice system would fall under the umbrella of the executive branch.
If he has to be impeached and convicted by the Senate then his lawyers would argue that he can't be prosecuted afterward because of the double jeopardy clause. This would completely nullify the constitution and the United States of America would cease to exist as we know it. That's the Republican endgame.
Putting aside the whole Republican duplicity thing, I don't think this is double jeopardy.
Impeachment is, in essence, a political procedure to remove someone from office. There doesn't need to even be a crime (see Biden's impeachment for an example).
So assuming for a moment that a president was impeached, that trial is to remove him from office, not to try him for a crime.
And even then, impeachment trials are civil where there is no jeopardy.