#SCOTUS Puts #Trump #AboveTheLaw

And gives him permission for a despotic second term.

By Adam Serwer

Near the top of their sweeping, #lawless opinion in Trump v. #UnitedStates, Donald Trump’s defenders on the #SupremeCourt repeat one of the most basic principles of American constitutional government: “The president is not above the law.” They then proceed to obliterate it.

#law #PartisanCourt #ExtremistCourt #DarkMoney #MAGA #Jan6
https://www.theatlantic.com/politics/archive/2024/07/supreme-court-donald-trump-immunity-decision/678859/

The Supreme Court Puts Trump Above the Law

And gives him permission for a despotic second term.

The Atlantic

Although the pro-#Trump justices attempt to nest the breadth of their opinion in legalese, their finding that the president cannot be prosecuted for “official acts,” & that much of Trump’s efforts to seize #power fall under that rubric, means that the justices have essentially legalized a losing president refusing to step down, as Trump tried to do after the 2020 election.

#law #SCOTUS #PartisanCourt #ExtremistCourt #DarkMoney #RightWing #MAGA #Republicans #Jan6

The Court’s opinion presents an absurd paradox that defeats the purpose of a constitutional #democracy governed by the rule of #law. It has little basis in the #Constitution or in the words of the #Founders. It is the outcome that most benefits the Court’s preferred presidential candidate, while allowing the justices to live w/themselves for defacing beyond recognition the Constitution & the concept of democratic self-determination.

#SCOTUS #ExtremistCourt #immunity #Trump

In her dissent, Justice Sonia #Sotomayor puts it plainly. Regarding the question of “whether a former President enjoys immunity from federal #criminal prosecution,” Sotomayor writes, “The majority thinks he should, & so it invents an atextual, ahistorical, & unjustifiable #immunity that puts the President above the #law.” That is the long & the short of it.

#SCOTUS #ExtremistCourt #Trump

Referring to Trump’s scheme to manufacture voter-fraud prosecutions as a pretext for overturning his loss…, #SCOTUS writes that “because the President cannot be prosecuted for conduct within his exclusive constitutional authority, #Trump is absolutely immune from prosecution for the alleged conduct involving his discussions w/ #Justice Dept ofcls.” This refers to discussions in which Trump…told the #DOJ, “Just say that the election was corrupt + leave the rest to me & the R. Congressmen”….

#law

…Chief Justice #JohnRoberts often sounds more like #Trump’s lawyer than the #impartial judge he presents himself as. Roberts writes that “w/respect to the President’s exercise of his core constitutional powers, this #immunity must be absolute.” If that applies …to a sitting president manufacturing a scheme to avoid relinquishing #power after losing an #election, then there is no #legal constraint on a president simply refusing to leave office & using his authority to find a pretext for doing so.

We can debate the nuances of history, the Framers’ intentions, or the text of the #Constitution. What the Founders of the #UnitedStates did not intend to do when they designed a constitutional system of checks & balances, was establish a govt that would allow someone to declare themselves president for life….

#SCOTUS writes that presidents cannot be prosecuted for “use” of their ofcl powers, but what it actually means is they cannot be prosecuted for the flagrant abuse of them.

#law #immunity

@Nonilex

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