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mahatmakanejeeves

(59,816 posts)
Mon Jul 1, 2024, 11:46 AM Jul 1

Trump can't be prosecuted for anything involving Justice Department

SUPREME COURT
Trump has some immunity, justices rule, complicating Jan. 6 case
Decision sends Trump’s D.C. trial back to lower court to determine which unofficial acts can be prosecuted

{snip}

KEY UPDATE
11 min ago
Trump can’t be prosecuted for anything involving Justice Department

By Rachel Weiner and Devlin Barrett

While saying some of the election interference indictment against Donald Trump might survive Monday’s ruling on presidential immunity, the conservative Supreme Court was emphatic that the former president could not be prosecuted over any conversations with Justice Department leaders.

While each of the four charges against Trump relies also on other conduct, his pressure on the Justice Department is referenced throughout the indictment as part of the scheme. A Justice Department official who supported Trump’s efforts to stay in power is listed as an unindicted co-conspirator.

{Snip}

The Supreme Court said that even if the demands Trump made were improper and rooted in fraud, the president has authority over federal investigations and prosecutions, and so Trump is “absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.”

Part of the decision seems to open the door for future presidents to have a more hands-on role with criminal investigations by the Justice Department.
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CincyDem

(6,846 posts)
3. And in so saying, they agree Biden can not be prosecuted for anything involving DoJ
Mon Jul 1, 2024, 11:52 AM
Jul 1

Biden has appropriately committed to do everything in his power to protect democracy.

Today…the legal definition of “everything” has changed.

Can’t want to see what Dark Brandon will do with these new, legal powers.

For example…he could order the Doj to release 100% of all evidence against TFG and his co conspirators. Courts aren’t allowed to examine his actions or his motives. It’s all legal.

Game f’ing on.


Progressive dog

(7,189 posts)
4. President Biden should order the justice department to
Mon Jul 1, 2024, 11:52 AM
Jul 1

bring charges against the judges who made this ruling. They've said he can.

punchergirl

(7 posts)
8. Can the Justice department officials be prosecuted for performing fraudulent/illegal acts ordered by the President?
Mon Jul 1, 2024, 01:11 PM
Jul 1

This is strictly a hypothetical — what DOJ would prosecute themselves? But would the Presidential immunity cover them as well?

Igel

(35,886 posts)
9. He always has.
Mon Jul 1, 2024, 03:38 PM
Jul 1

The DOJ is an executive function of the US government.

The executive Power shall be vested in a President of the United States of America.

There is no granting of executive power elsewhere.

If Biden ordered Buttigieg to do something within Buttigieg's official duties and Buttigieg told him no time and time again, would that go over well? I know--maybe if the SecDef did the same?

A wise president knows when to take advice; an authoritarian president should get pushback and resignations. And if that goes on and the prez steps out of line, that's what Congress is for--ideally, you'd expect the two sides to come together to impeach and convict if that happened. But that's the risk in a democracy--if the populace is corrupt, then the system must inevitably be corrupted. It works slower in a system where power is distributed between layers of government and branches of government, "slower" doesn't mean "prevented."

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