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Halls of Shrewd'm / US Policy
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Author: WatchingTheHerd HONORARY
SHREWD
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Number: of 48494 
Subject: Re: Trump Was Right. He Owns SCOTUS
Date: 02/29/2024 3:38 PM
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I'm obviously not a lawyer (as your clarifications over time have had to repeatedly emphasize, LOL) but this is why these recent ruling are so disturbing. They seem to be throwing the top legal minds in the country for a loop as well.

As you have concisely outlined the topology of the decision the USSC could / should make, these issues require clarification.

QUESTION: Should an ASSERTION by a defendent of Presidential criminal immunity in ANY circumstance result in a STAY (freezing) of a criminal prosecution until the ASSERTION is adjudicated or should that prosecution continue unabated while the ASSERTION is ajudicated in parallel to avoid slowing / halting a trial?

QUESTION: Are there specific actions which need to be explicitly identified which would ALLOW an ASSERTION of Presidential criminal immunity to be made by a defendant?

QUESTION: With explicit actions identified or not, is the trial judge authorized to make a procedural ruling about the fit between "alleged acts" and the explicit list of "qualifying acts" allowing an ASSERTION of Presidential criminal immunity to be made?

I could probably think for another hour and identify five more questions.

The concern here is that even these questions so far somehow seem very nuanced and subject to interpretation / distortion by factional interests when the nature of this issue is so important to the core functioning of the democracy that the rules should be much simpler. The number of caveats and conditions discussed in Trump counsel's defense and raised by justices appear to a reflection of the justices SEEKING caveats and exclusions that provide immunity to a President rather than hewing to the "no man is above the law" concept most of us thought we learned in school.

I've stated previously that the laws, principles and short-hand logic in this area of law and politics shouldn't be sublte and nuanced in order to protect the rights of a candidate or politician to be in power. Everything in this area of law needs to err on the side of RAISING the bar of behavior and encouraging all parties to avoid getting even near these areas of criminality for the benefit of the public at large.


WTH
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