Donald Trump opposes the special counsel’s request for the Supreme Court to decide right now whether he has any immunity from federal prosecution for alleged crimes he committed while in office, lawyers for the former president told the justices in court papers Wednesday.

Special counsel Jack Smith asked the high court last week to review a lower-court ruling that Trump, as a former president, is not immune from the election subversion criminal case. Smith in his appeal to the justices asked them to take the rare step of reviewing the issue before a federal appeals court in Washington, DC, weighs in.

But Trump, whose legal strategy in the case so far has largely revolved around attempts to delay the proceedings, told the justices that Smith should not be able to leapfrog over the US Court of Appeals for the DC Circuit to resolve the critical issue.

  • Jaysyn@kbin.social
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    11 months ago

    If this goes through, the republican states will use it against democratic candidates.

    This has nothing to do with the state cases, this is Federal & dealing with the Insurrection.

    If a democratic former president incites an Insurrection &/or steals top secret documents & gives them to our enemies I hope they get prosecuted to the fullest extent of the law as well.

    • balderdash@lemmy.zip
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      11 months ago

      Isn’t this assuming the republicans are operating in good faith? They aren’t. They care more about what they can get away with than whether it’s justified. I’m sure republican states could find other reasons to take Biden off of the ballet come the next election. There seem to be a lot more legal grey areas than we were aware of. (For example, before January 6th, who knew that the vice president could potentially steal an election?)

      • Jaysyn@kbin.social
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        11 months ago

        I’m sure republican states could find other reasons to take Biden off of the ballet come the next election.

        Treason & Insurrection are literally the only way a US citizen over the age of 35 can be removed from a federal ballot in the USA.

        • balderdash@lemmy.zip
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          11 months ago

          I wouldn’t put it past them to label some Hunter Biden conspiracy theory bs “treason”.

          That said, I concede the point that it may not be as easy as I was implying. Or at least I hope its not that easy. Our democracy is looking fragile these days.

          • Jaysyn@kbin.social
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            11 months ago

            I wouldn’t put it past them to label some Hunter Biden conspiracy theory bs “treason”.

            This is the exact reason why Treason is defined in the Constitution & has a very, very narrow definition.

            • balderdash@lemmy.zip
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              11 months ago

              I’m willing to be proven wrong since I’m no expert on constitutional law, but treason is constituted by: “levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort.” You’re right that the first part is very specific, but that second part about helping the enemies of the republic could be abused.