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.
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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Remember that half of Congress is under GOP control. How should the Dems holds the court to account when they don’t have the congressional control necessary?
I mean, I agree with you in general, Democrats are very unwilling to take off the gloves (this is actually a good thing, even if it is frustrating). Let’s not layer on something they politically just cannot bring about.
Yeah…no. This has repeatedly proved itself to be an incredibly naive position. The bending over backwards for bipartisanship rather than going on the attack against the conservative cult has been a fucking disaster for this country.
I agree we have reached the point to take off the gloves. I am saying it is better that Democrats have, in general, tried to play by the rules as intended. We want people to want to be ethical.
Being a slave to the performative and procedural decorum when fighting a terrorist organization masquerading as a political party has worked out about as well as bringing a knife to a gun fight. There are so many instances where Democrats had Republicans by the proverbial throat, and had the opportunity to deliver real change for the American people.
Almost without fail they have ceded that advantage in favor of not upsetting the status quo, and then claiming later it was in all of our best interest even though Republicans turn around and blow up our institutions anyway. You’re lying to yourself if you think that has been a winning strategy, or that it has anything to do with ethics.
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.