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Donald Trump the Megathread part II - threadbans and mod warnings in OP

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  • Registered Users Posts: 6,270 ✭✭✭LambshankRedemption


    Speaking of cognitive decline, I think you meant to say Thursday, not Tuesday.



  • Subscribers Posts: 41,477 ✭✭✭✭sydthebeat


    Biden should just simply order the seals to assassinate Trump.

    Immunity is guaranteed as its "an official act"



  • Registered Users Posts: 11,626 ✭✭✭✭aloyisious


    Those final few bits from Roberts seem to make his role, and those of his colleagues on the USSC, redundant as they make Trump and his AG the arbiters on what the presidents constitutional duties are where upholding the laws is concerned. Presumably, Roberts seems to be minded that the AG will make decisions on protecting the laws and the constitution after consultations with the president where preserving the constitution is concerned. Nixon lost AGs over his attempt to avoid prosecution. It would be nice if Roberts sat down with the AG and went through his lawful obligations to the constitution are, as distinct from whatever a person like Trump chooses to cobble together with his appointee to the office of AG.



  • Registered Users Posts: 13,782 ✭✭✭✭Danzy


    What I meant to say, look here, we got the job started, malarkey.



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,442 Mod ✭✭✭✭Quin_Dub


    Absolutely.

    As I said , this is just another step in the journey to the Unitary executive theory that they all love so much.

    All power consolidated under the office of President - Essentially the restoration of the Monarchy in the US.

    They are blowing up the very thing that led to the creation of their country..



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  • Registered Users Posts: 13,782 ✭✭✭✭Danzy


    Dramatic but in reality it just clarifies and protects the standard operating procedure that all Presidents operate under and frankly can only operate under.



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,442 Mod ✭✭✭✭Quin_Dub


    It really really doesn't.

    Up to now there was no immunity from Criminal prosecution only civil.

    So for example if a President banned Tobacco, the cigarette companies couldn't personally sue them for loss of earnings or whatever , which makes complete sense.

    Now though, a President can commit an actual crime and as long as they can frame it as an "official act" they are immune , no matter what they did.

    They are now also explicitly allowed to engage with the DOJ directly as regards the cases they bring which again further hypes the immunity as the President can simply instruct the DOJ not to bring charges against them for whatever it is they are accused of.

    Impeachment is the only potential protection and that's effectively impossible in todays hyper partisan world.

    And even if they are impeached , they can't be subsequently charged as they have immunity for anything they did in office.

    That is totally and completely different to "standard operating procedure" up to this point.



  • Registered Users Posts: 82,378 ✭✭✭✭Overheal


    the first part is incredibly egregious. Essentially it appears a president could even write a criminal conspiracy down on paper and that paper would not be admissible as evidence because it is a private presidential record.

    A president could orchestrate a coup attempt and you would not be able to admit into evidence that he sat in the dining room and refused to do nothing about the coup unfolding for hours but instead just stared at the live news feeds of his coup unfolding and his advisers could not testify about it at trial.



  • Registered Users Posts: 3,506 ✭✭✭amandstu


    Does "possession is 9 tenths of the law" apply now?

    Biden is President and ,according to the corrupt SC has license to break the law during his term of office.

    If Trump was presently in Biden's place ,what likelihood would there be that the forthcoming election would be fair and its results transparent and respected?

    Marks out of 100? I might give a 2%

    I wonder if he would get Putin to do some of his dirty work.



  • Registered Users Posts: 82,378 ✭✭✭✭Overheal


    this is why Biden has to be the next president. He has all the power right now to, very officially and with presumptive immunity, assassinate Donald Trump, John Roberts, Brett Kavanaugh, Amy Comey Barrett, Neil Gorsuch, Samuel Alito, and Clarence Thomas - and every Republican member of Congress; but he would never in a million years, because he isn’t, never was, and never aspired to be or believes in tyrants.

    Trump has already entertained the idea of assassinating his political rivals, as we know from his advisers blowing that whistle loudly and clearly.



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  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,442 Mod ✭✭✭✭Quin_Dub


    Well exactly.

    "President holds meeting to discuss Election results" would an official act , so therefore the minutes of that meeting or the testimony of any attendees CANNOT be used in court to show that the President asked during that meeting if they could just cancel the result and call him the winner even though he clearly lost.

    The President can also block any access to that information from the House/Senate as well.

    The additional "oversight" of the DOJ that Roberts little addendum provides also means that any attempts to get a legal ruling on whether a specific act was official or personal can be suppressed and/or ignored at the instruction of the President.

    In practical real world terms , it's near total immunity from offences committed whilst holding office.



  • Registered Users Posts: 9 Dogsdodogsstuff


    I don’t think an awful lot of people realise how big this is and how much closer now that USA is to being autocratic democracy and that bit closer to either civil war or full blown dictatorship.


    Trump isn’t the problem, he’s just a system of the massive divide that both dems/Repubs have done little to navigate. I don’t see how USA is repaired, even if Trump doesn’t get in.


    It’s like the wheels are already in motion and the only thing that would stop it is a foreign adversary directly galvanising Americans or a philanthropic president reversing a lot of the destruction of the guard rails that provided usa with some protection from a rogue president.

    Will the dollar remain as popular a reserve currency ? They will collapse if cracks appear as they won’t be able to service their debt if dollar doesn’t retain its power. Feels like the potential beginning of the end of USA super power.


    Think China and Russia know, the new world order will most likely be seperate satellites of USA , Europe, South America , Africa , Asia , Russia, China etc with everybody kind of keeping to themselves in general. A Europe pivot east is possible , particularly if Trumps c*ntish narcissistic attitude goes into proper over drive.



  • Registered Users Posts: 3,506 ✭✭✭amandstu


    But can/should Biden now break the law in selective and minor ways (on grounds of the greater good) to ensure that ,if Trump is elected then it will have been with open eyes and so that those who do not want to live under a dictatorship retain the means to defend themselves against a MAGA regime ?

    Would a Trump victory presage the end of the American democratic project and should they be preparing to salvage what of it that they can? (I am sure they would be happy to split up the States.Can that be prevented without giving in to the MAGA goons?)



  • Registered Users Posts: 82,378 ✭✭✭✭Overheal


    what selective and minor ways that couldn’t be reversed by an incoming incumbent with tyrannical aims?



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,442 Mod ✭✭✭✭Quin_Dub


    Restoration of the 60 vote threshold for Senate approval of laws.

    Change it and ensure that it requires 60 votes to bring it back.

    At least insert some brakes on the behaviours.

    Doesn't stop executive action , but it slows things down at least.



  • Registered Users Posts: 3,506 ✭✭✭amandstu


    If USA votes for tyranny with open eyes they (but not those who vote against) deserve their fate.

    My suggestion was that selective and minor breakages of the law by Biden could head this off at the pass.

    If they can't then so be it (the opposing States might have to take greater independence from the authoritarian ones)

    Can Biden force the trials of Trump to take place before any election?(remove the SC judges for example- their approval rates are at rock bottom so it could be a popular move.)



  • Registered Users Posts: 82,378 ✭✭✭✭Overheal


    that’s not something the president can do. And it’s not something they have the votes for in the senate either. Also I may be wrong but that sort of thing normally can only happen at the start of the next congress. And the so called nuclear option was already taken under Trump - so it literally accomplishes **** and all, the next party just undoes it again.



  • Moderators, Sports Moderators Posts: 26,515 Mod ✭✭✭✭Podge_irl


    This is not something within the President's power.

    I think people are pretty badly misconstruing the ruling. The President won't face personal consequences for potentially illegal actions, but the entire government as a whole is still constrained by the Constitution. He can (apparently) murder someone but he can't cancel student debt.



  • Registered Users Posts: 11,626 ✭✭✭✭aloyisious


    A while back another poster and I had an argument about the USSC and it's role in respect to the constitution. I thought, as I was comparing like with like [Irish and US Supreme Courts] that the USSC had the power to rule on whether parts of the US constitution were [as is sometimes the case in Ireland] ultra vires other parts of the constitution - in that parts were directly conflicting each other.

    I was corrected by the O/P and told that as the constitution was made up of the laws passed by Congress, the USSC could not make declarations on the legal validity of [parts of] the US constitution.

    Looking at yesterday's ruling from the USSC, it's obvious that the ruling only refers to the decisions of lower courts being appealed to it by Trump. Now if that is the nub of the ruling, then [to me] it seems probable that the USSC [Roberts] could issue a clarification on it's ruling to the effect that it would not entertain and further appeals by Trump and his legal people about lower court ruling in respect of Trumps legal liability from future rulings of the lower courts as it's ruling yesterday was made with the intent of leaving the lower courts alone to decide on Trumps legal liabilities. The effect would be to bolster the lower courts position constitutionally and prevent vexatious [no standing] cases being presented to the USSC.



  • Moderators, Sports Moderators Posts: 26,515 Mod ✭✭✭✭Podge_irl


    I was corrected by the O/P and told that as the constitution was made up of the laws passed by Congress, the USSC could not make declarations on the legal validity of [parts of] the US constitution.

    The Constitution is not made up of laws passed by Congress.

    However, no part of the Constitution may invalidate another part, they are all equally valid. Their only job is to interpret it (even if they do so creatively at times).

    Looking at yesterday's ruling from the USSC, it's obvious that the ruling only refers to the decisions of lower courts being appealed to it by Trump. Now if that is the nub of the ruling, then [to me] it seems probable that the USSC [Roberts] could issue a clarification on it's ruling to the effect that it would not entertain and further appeals by Trump and his legal people about lower court ruling in respect of Trumps legal liability from future rulings of the lower courts as it's ruling yesterday was made with the intent of leaving the lower courts alone to decide on Trumps legal liabilities. The effect would be to bolster the lower courts position constitutionally and prevent vexatious [no standing] cases being presented to the USSC.

    The Supreme Court only ever refers to decisions of lower courts, it is an appeals court. Why would they restrict further appeals?



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  • Registered Users Posts: 11,626 ✭✭✭✭aloyisious


    The Constitution is not made up of laws passed by Congress: That is not what the O/P told me, that as congress had passed [after committee] what is in the constitution, nothing in it could therefore be unconstitutional, as the passing was done in line with the laws contained there-in. If you don't mind, I'll leave this point to others in the US familiar with constitutional matters to let us know for certain.

    To stop the person FROM AB-using the appeal system to further his own aims [in this case to seize control of the apparatus of constitutional and political power and the federal administration] of imposing his control over the US.

    Edit: As a probable appeal application may yet be in the offing to the USSC, as Trump's legal team have lettered Judge Merchan who heard the "hush money" case in NYC asking him to overturn the decisions of the jury in that case after the USSC ruling on presidential immunity. The payments were made before Trump was elected-to and became president in 2016. That would be an example of vexatious appeal applications I had in mind.



  • Registered Users Posts: 82,378 ✭✭✭✭Overheal


    The Constitutional Convention of May 1787 in Philadelphia, not the Congress, drafted the Constitution and then it was ratified by the first 13 states. Congress was only created after the Constitution was ratified, under Article I. Article V of the constitution details how the Constitution is able to be amended, all amendments must be ratified by 3/4ths of the States to be amended into the constitution. Congress does not have the authority itself to amend the Constitution without ratification by the States and bills to amend the Constitution must however begin in the Congress and pass both chambers by a 2/3rds majority. Alternatively, though it has never transpired, 2/3rds of the States may call for a subsequent Constitutional Convention, thereby circumventing the Congress and going back to the drafting table but where which 3/4ths of the States must still ratify any changes.

    https://history.state.gov/milestones/1784-1800/convention-and-ratification

    https://www.law.cornell.edu/constitution-conan/article-5/overview-of-article-v#:~:text=U.S.%20Const.-,art.,proposed%20by%20the%20Congress%E2%80%9D%20).

    There is a lot wrong with what you are saying/remembering about what someone online told you about the Constitution. I would unlearn what you learned.



  • Registered Users Posts: 1,772 ✭✭✭Ahwell


    Whether Biden is too old is no longer the main issue in this election. Now it's whether people will want to give someone like Trump that much power. I don't think enough will want that to get him elected. Maybe it's wishful thinking, but I think scotus have inadvertently ensured that Trump will lose.



  • Registered Users Posts: 29,356 ✭✭✭✭odyssey06


    Something like…

    Only YOU can stop a Trump Dictatorship.
    The Republican Supreme Court won't STOP HIM!

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users Posts: 33,573 ✭✭✭✭Penn


    That's certainly a line the Dems should be pushing. Everything Trump did in his first term, he did so believing he might/should have Presidential Immunity. If he gets in for a second term, he knows he has Presidential Immunity and knows the boundaries of it. And he'll still push/cross the boundaries of it.

    Dems need to push that hard; electing Biden is the only thing that would prevent Trump from going further than ever to abuse his position now that he can argue that anything he does is an "official act".



  • Registered Users Posts: 1,772 ✭✭✭Ahwell


    Exactly, that's what Biden and democrats are now going to run on.



  • Registered Users Posts: 11,262 ✭✭✭✭duploelabs


    Disbarred from practicing law in the city where he used to be mayor, that's the trump effect



  • Registered Users Posts: 11,626 ✭✭✭✭aloyisious


    Thanks for the above. I had "googled" for info on the constitution founding and saw all the different meeting and groups involved, incl the constitutional convention in Philadelphia firstly. There was too much to drink in there when the thing I was most interested in is the current constitution and how it's being handled by the USSC and weaponized by you know who with the aid of lawyers.



  • Moderators, Sports Moderators Posts: 26,515 Mod ✭✭✭✭Podge_irl


    I can't speak to what someone else told you, but the Constitution has nothing to do with laws passed by Congress.

    I vaguely remember the discussion, wherein you were arguing certain parts of the Constitution rendered others invalid - that is simply not something in the power of the USSC. The constitution itself, by definition, can not be unconstitutional

    The USSC can refuse to take a case (thus rendering the lower court judgement binding though not precedential), but they can not declare something unappealable in perpetuity.



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  • Registered Users Posts: 11,626 ✭✭✭✭aloyisious


    Where it comes to Trumps failed election, Rudy Giuliani has had his NY State licence to practice law revoked. The ruling was made Tuesday by the Appellate Division, First Department. The licence was suspended in 2021 by the same division.

    The ruling states that Giuliani “is disbarred from the practice of law, effective immediately, and until the further order of this Court, and his name stricken from the roll of attorneys and counselors-at-law in the State of New York.” “The disciplinary charges stem from the allegations that respondent communicated demonstrably false and misleading statements to courts, lawmakers, and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020. “These false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client.”

    Retired Judge Barry Kamins, who represented Giuliani during the proceedings, said in a statement to the New York Law Journal that Giuliani “is obviously disappointed in the decision and we are weighing our appellate options.”



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