politics @lemmy.world MicroWave @lemmy.world 1y ago

Trump asks Supreme Court to reject special counsel and stay out of immunity dispute for now

www.cnn.com Trump asks Supreme Court to reject special counsel and stay out of immunity dispute for now | CNN Politics

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.

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The right to a speedy trial is the right of the defense and the prosecution. I hope they reject Trump's motion.
- Do you have anything supporting your claim that the prosecution has a right to a speedy trial?
  
  I heard it from actively practicing lawyers on the Legal AF podcast, and I don't know which episode. I don't have a written source to give you.
  
  Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
  
  I think it was in that thing the orange ape man continually wipes his ass with...I think it's called the Constitution?
  
  Yes I do... Down votes!
(IF) He's innocent, wats the problem with the 🚬highest🚬 Court in all the land clearing his name once and for all lol?

Why wait? Save the Courts all the meritless appeals
- Wasting time that's why. The longer the delay, the better for him and his campaign of BS lies that people will eat up.
  
  Or more specifically: he’s hoping to run out the clock while simultaneously clinching the GOP nomination and the presidency, at which point he’ll just pardon himself, immediately kicking off a constitutional crisis of pretty fucking epic proportions. And that’s before he kicks off any of the other constitutional crises he’s undoubtedly champing at the bit to kick off as well.
  
  Oh I know the gam3, I was getting cute cuz its so obvious it must be getting painful. Thanks regardless ;)
- This is actually a legitimate argument that will be used against him in this matter. He can’t have/want it both ways. He can’t want to simultaneously clear his name (as he is the supposed victim in all this) and also argue for a delay in that process.
  
  He can't not think any other way than two ways. The biggest issue these folks have or purposely misrepresent is that when it comes to anything involving them, it can't be falsifiable. They have to be able to pivot any which way at any time because none of it is real or evidence-backed.
  
  Its a terrifying and miserable existence as opposed to living in truth and letting reality tell the story instead of having to constantly remember lies and bullshit justifications and running into people you lied or screwed
“Do the thing I specifically hired you to do!”
- I think the conservative justices will be happy to see his demise and the rise of his more competent successor. I doubt he can count on them for any favors.
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.

There is nothing rare about the request. It's called "cert before judgement" and the DoJ used it 10 times in the four years that Trump was president.

It's most commonly used in a situation like this where the appeal is interlocutory meaning the appeal stops the trial cold while it's resolved.
Delay, delay, delay.

He knows his ass is toast.
- I don't even think he's doing this because his ass is toast. He's doing it because he thinks he's going to win the election, and if/when he does he'll just pardon himself. Then the point is moot.
  
  Honestly, if America is a place where someone can commit treason countless times, get elected, and absolve himself of that treason, I really don’t want to be here anymore.
Ironic given he kicks everything else up to the Supreme Court and just proves he wants to use the Appeals Court to delay past 2024
This is the best summary I could come up with:

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.

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.

“The Special Counsel urges this Court to bypass those ordinary procedures, including the longstanding preference for prior consideration by at least one court of appeals, and rush to decide the issues with reckless abandon.

The Court should decline that invitation at this time, for several reasons,” attorneys for Trump wrote.

Even if they decline to hear it before the DC Circuit weighs in, it’s likely that the case will come before them again soon, as the appeals court has said it will expedite its review of the matter.

The original article contains 249 words, the summary contains 198 words. Saved 20%. I'm a bot and I'm open source!
This is a lose-lose. If this is shot down, it’s just another case of presidents (and former presidents) being above the law. If this goes through, the republican states will use it against democratic candidates.

edit: If you don't think republican states would abuse this, let me remind you that republicans are still trying to impeach Biden just to retaliate for the Trump impeachments.
- Trump isnt the president dawg.
  
  What the heck is Lemmy.zip (asking you in reference to the guy you're rebutting, I've come across nothing but schizos from this particular instance...
  
  Pedantic and besides the point. No one is saying Trump is the president
- .
  
  Maybe they shouldn't, but it's still a tough situation politically.
- Allowing our justice system to operate based on perceived political consequences seems like a terrible idea. Republicans will continue to be seditious trash regardless, holding one of them accountable for crimes they committed won't change that. Their moves should not even factor into what the justice department/courts does or doesn't do.
  
  Democrats' guiding principle is "but what might Republicans do?" Context doesn't change that.
  
  I think people are assuming that I'm recommending a course of action when my entire point is that either scenario will have negative consequences. That being said, I agree with everything you said here.
- This whole "don't hold republicans accountable because they'll weaponize the courts" is such a meh argument.
  
  They already weaponize the courts.
  
  But so far, without any evidence of wrongdoing against Democrats they try to do this against, they have had zero success.
  
  While there is actual assloads of evidence against people like Trump (and others).
  
  It'll spend some time and resources from democrats, but it'll also put some of the worst republicans in jail.
  
  Buddy they've had plenty of success. They'll bury you in paperwork if you stick your neck out. They already paid off the judge, they're just waiting for you.
- the republican states will use it against democratic candidates.
  
  I don't see this as a special concern. They're going to do this no matter what.
- 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.
  
  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?)
- So what you're saying is, they'll be insufferable assholes no matter what we do, and we should see to it that a criminal repays society for his crimes.

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