The filing came in the federal election subversion case ahead of 9 January oral arguments
Special counsel Jack Smith has hit back at Donald Trump’s claim of immunity from criminal prosecution in a new court filing.
Mr Smith’s office argued in a Saturday filing that Mr Trump’s claim “threatens to license Presidents to commit crimes to remain in office.”
The filing came in the federal election subversion case ahead of 9 January oral arguments before a US appeals court in Washington DC, reported CNN.
“The defendant asserts (Br.1) that this prosecution ‘threatens … to shatter the very bedrock of our Republic.’ To the contrary: it is the defendant’s claim that he cannot be held to answer for the charges that he engaged in an unprecedented effort to retain power through criminal means, despite having lost the election, that threatens the democratic and constitutional foundation of our Republic,” Mr Smith wrote.
“This Court should affirm and issue the mandate expeditiously to further the public’s — and the defendant’s — compelling interest in a prompt resolution of this case,” he added.
Best quote in the comments by Freethought sums it up for me:
If what Trump says is the standard that a US president has immunity to commit any crime they see fit to do while in office, then the premise of the rule of law is meaningless.
It already was kinda meaningless since the president can tell someone to commit a crime and then pardon them (as happened
with Michael Cohen)Only if it’s a federal crime. Crimes like assaulting police officers, and even bank or election fraud are often filed at the state level. The charges Trump are facing in Georgia are just one example.
What? Who pardoned Michael Cohen? He went to prison. Twice. Trump’s attack dog Barr made sure of it.
sorry, was mixing up Paul Manafort and Roger Stone - there were just so many criminals in that team
No problem, there’s still many shitbirds.
If Trump was immune from being prosecuted from crimes while in office, what’s stopping Biden from doing the same thing? Seriously, some one needs to ask Dipper Don that question!
“Okay Dipper Don, so if it’s completely leagal for the president to overthrow the US government, why should Biden even let you back in office if you win the 2024 election? Couldn’t he just do what you did but with way less incompetence?”
That’s the best part of it, if the president is ruled absolutely immune, they can override anything including the supreme court, break any law, commit any crime. Biden could imprison Trump for life. I’m sure Trump knows this but he’s desperate.
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If they rule for immunity, Biden should just hold Congress hostage until they pass some Constitutional amendments, such as scrapping Electoral College, adding term limits to Supreme Court, etc, then a final one that explicitly disavows any such immunity for the President or any other person, from the moment he releases them forward.
Hell, Biden could just order the Secret Service to lock up Trump. If he needed any sort of excuse he could just claim Trump has threatened him, which wouldn’t really be a stretch.
President sends secret service or military operation to gun down all supreme court members that don’t fall in line, and then places the new judges. Immune to charges. Hmm… I don’t think the supreme court would find it in their best interest to vote the president has immunity
