April 28, 2024
Kavanaugh "Malicious Prosecutions Could End Presidency"
Timothy Birdnow
Supreme Court Justice Brett Kavanaugh warns that malicious prosecutions could spell the end of the Presidency as an institution.
FTA:
Justice Kavanaugh said that when presidents are subject to prosecution, history shows that it’s not going to stop.
"It’s going to cycle back and be used against the current president or the next president ... and the next president and the next president after that.”
Justice Neil Gorsuch, who said that the court is "writing a rule for the ages,” along with Justice Samuel Alito and Justice Kavanaugh all said that their concern was not so much the case against President Trump, but rather the effect of the ruling on future presidencies.
"This case has huge implications for the presidency, for the future of the presidency, for the future of the country,” Justice Kavanaugh said.
‘Rule for the Ages’
Former Deputy Solicitor General Michael Dreeben, who argued for Mr. Smith, said that the framers of the U.S. Constitution never intended for presidents to be above the law.
Mr. Dreeben also said that the crimes President Trump is charged with—including allegedly participating in a scheme to enlist dueling electors in battleground states won by President Joe Biden to cast alternate slates of electoral votes for him—weren’t a part of the president’s official duties.
Attorney D. John Sauer, who argued for President Trump, told the justices that without presidential immunity from criminal charges, the "presidency as we know it” will be changed, contending that the looming threat is that a decision to deny immunity would "destroy” presidential decisionmaking at a time in the nation’s history when it needs to be bold.
Mr. Sauer argued that the impact of the case would have implications far beyond the question at hand, raising the hypothetical prospect of President Biden facing charges of encouraging illegal immigration with his border policies.
Justice Kavanaugh expressed concern about the future implications of the case, warning of the prospect of a vicious cycle of malicious prosecutions that could hamper presidents for years to come.
Supreme Court Justice Brett Kavanaugh warns that malicious prosecutions could spell the end of the Presidency as an institution.
FTA:
Justice Kavanaugh said that when presidents are subject to prosecution, history shows that it’s not going to stop.
"It’s going to cycle back and be used against the current president or the next president ... and the next president and the next president after that.”
Justice Neil Gorsuch, who said that the court is "writing a rule for the ages,” along with Justice Samuel Alito and Justice Kavanaugh all said that their concern was not so much the case against President Trump, but rather the effect of the ruling on future presidencies.
"This case has huge implications for the presidency, for the future of the presidency, for the future of the country,” Justice Kavanaugh said.
‘Rule for the Ages’
Former Deputy Solicitor General Michael Dreeben, who argued for Mr. Smith, said that the framers of the U.S. Constitution never intended for presidents to be above the law.
Mr. Dreeben also said that the crimes President Trump is charged with—including allegedly participating in a scheme to enlist dueling electors in battleground states won by President Joe Biden to cast alternate slates of electoral votes for him—weren’t a part of the president’s official duties.
Attorney D. John Sauer, who argued for President Trump, told the justices that without presidential immunity from criminal charges, the "presidency as we know it” will be changed, contending that the looming threat is that a decision to deny immunity would "destroy” presidential decisionmaking at a time in the nation’s history when it needs to be bold.
Mr. Sauer argued that the impact of the case would have implications far beyond the question at hand, raising the hypothetical prospect of President Biden facing charges of encouraging illegal immigration with his border policies.
Justice Kavanaugh expressed concern about the future implications of the case, warning of the prospect of a vicious cycle of malicious prosecutions that could hamper presidents for years to come.
Posted by: Timothy Birdnow at
12:41 PM
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1
I think Justice Kavanagh is absolutely correct here. The idiots who are pushing this case are barking up the wrong tree, or perhaps trees, and not thinking about the future at all; only trying to hurt Trump.
Posted by: Dana Mathewson at April 28, 2024 10:41 PM (551jX)
2
Exactly right Dana. They are only concerned with power and the moment. This has enormous long-range implications.
BTW power politics demands a proportional response. The GOP is going to have to take out the Democrats' president at some point in just this same way. And any other candidates of theirs.
Of course, the GOP being the cowards they are, will probably not do that to avoid escalation, but then it will become a permanent tool of the Left to use. This sort of thing is held stable by Mutual Assured Destruction and only that. EVERYBODY must fear doing what they are now doing. If the GOP lets them get away with it it will never end.
BTW power politics demands a proportional response. The GOP is going to have to take out the Democrats' president at some point in just this same way. And any other candidates of theirs.
Of course, the GOP being the cowards they are, will probably not do that to avoid escalation, but then it will become a permanent tool of the Left to use. This sort of thing is held stable by Mutual Assured Destruction and only that. EVERYBODY must fear doing what they are now doing. If the GOP lets them get away with it it will never end.
Posted by: Timothy Birdnow at April 29, 2024 07:52 AM (aTfji)
3
This is why the donkeys are hamstringing Trump, so he can't come in and fix things. Talk about election interference... sheesh!
Posted by: Dana Mathewson at April 29, 2024 11:10 PM (551jX)
4
Agreed Dana. They are trying to bleed him try, financially, physically, and morally. It is election tampering on a monumental level. The prosecutors and judges should all be charged with that very crime.
That's why they have to keep Trump out; as long as they control the DOJ there will be no justice meted out and they know it.
That's why they have to keep Trump out; as long as they control the DOJ there will be no justice meted out and they know it.
Posted by: Timothy Birdnow at April 30, 2024 08:27 AM (BwaTe)
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