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Cake day: August 20th, 2023

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  • The majority are the ones who said that any use of constitutional presidential powers creates absolute immunity. All the dissenters are doing is pointing out the obvious implications and saying why the majority is wrong to create that immunity more eloquently than I can. You are the one who is confused. Or more likely, just arguing in bad faith. But just in case,

    It’s on the very first page of the majority ruling, here you go:

    Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.

    And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts

    Seperately, any powers not delegated in the constitution (official acts they call it), have presumptive immunity. Uses of specifically delegated constitutional powers, like the military, have absolute immunity. If its an ability delegated to him in the constitution, the majority ruling says that cannot be questioned. They say neither by themselves or congressional laws. Only use of powers not delegated in the constitution can the court even begin to question if it was an “official act.”

    The majority says something along the lines of “oh this is just a little immunity we didn’t give turmp everything he asked for.” I have no idea why they can write that with a straight face. Besides the fact that giving any criminal immunity to the president is totally antithetical to the founding principles of our country, they in fact have given him everything he asked for. Trump himself was arguing if he was impeached for something then he should be able to be criminally liable. But now thanks to the supreme court conservative justices, for the vast majority of the scariest things a president can do, like the command the military, pardon powers, and appointing and firing of officials, he couldn’t be held criminally liable even if impeached. It was more than Trump asked for.


  • Under this ruling the president has absolute immunity for their use of any powers granted by the constitution, and that includes use of the military, pardon powers, and appointing and firing of executive department officials. Their motivations and purposes for use of those powers cannot be questioned by the courts or by any laws passed by congress.

    The whole “official” vs “non official” acts things only comes into play for powers not explicitly granted by the constitution. And even then the president gets presumptive immunity.

    Go read the actual ruling and the dissents and stop spreading misinformation. The journalist and the headline are accurate.

    https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf




  • A prosecutor can argue that such an egregious order falls well outside the scope of the office, and constitutes an “unofficial act”.

    Incorrect, according to this ruling, his use of the military has absolute immunity. It doesn’t matter what he’s doing with it, they can’t even question if it’s an official act or not. That only factors in when using powers not delegated in the constitution. You do point out some more absurdities in the majority’s ruling though, theoretically a court could hold troops accountable for unlawful orders but could not hold the executive accountable for giving them. Moot point though, who’s bringing the charges against the troops in this situation? President has absolute criminal immunity for hiring and firing, just fire any prosecutors whether that’s justice department or military justice if they try to do so.

    The president does not have the power to order Seal Team 6 to violate the Posse Comitatus act.

    Null and void, they specifically state that not only the court doesn’t have the power to question, neither does congress. The supreme court just made posse comitatus toilet paper.

    The only way out for this mess is replacing the justices or a constitutional ammendment that’s says, yes we still have the rule of law for everyone, including the president.

    And yes I read the whole thing. And if the majority can’t see what they have enabled they’re stupid. But I don’t think it’s stupidity, they’re smart people. That only leaves malice. Or some very different political ideals than I hold about the rule of law at least.



  • Use of the military is delegated to him under article 2, his use of that power cannot be questioned. The ruling says what you just described cannot happen. He has absolute immunity for anything he uses that power for. Appointing or firing officials? Article 2, cannot be questioned. Granting pardons? Article 2, cannot be questioned, doesn’t matter why he did it.

    Only if the president is using some ability or power not specifically delegated in the constitution can a judge even began to decide if it counts as an official act. And then if that does, not quite as good as absolute immunity, but still presumptive immunity.

    And it gets even worse! Anything the president did as an “official act” cannot be used against him in court as evidence. So much of the evidence in all the cases he has can no longer be used! If any of the charges survive at all in the first place given this ridiculously broad immunity ruling. This ruling is so bad it may even help him get out his state charges unexpectedly. There’s a slim chance some of the charges may live on, but the funny thing about the ruling is it gives even more criminal immunity to some the scariest things the president has the power to do.

    If this ruling is terrible for Trump, why does the dissent start out by saying this gives everything Trump asked for and more?!

    I’m sorry, but you’re just incorrect. Please just read the dissents from the actual constitutional scholars in the ruling though instead of my dumb internet comments trying to summarize. They explain it all much better and more thoroughly.

    The first dissent starts on page 68 of the document I linked, and with the very large margins is a surprisingly quick read.



  • They said he has unquestionable absolute immunity for his uses of any power delegated in the constitution. That’s why in Sotomayor’s dissent she picks these three examples:

    When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune

    Those are all powers directly derived from article 2 of the constitution, and their use is totally unquestionable by courts according to the majority’s ruling now. This also includes an incredibly ambigous phrase “to faithfully execute the nation’s laws” which the majority was interpreting as allowing him to do so many things without any question even Barrett dissented to that part.

    And it goes further, anything the president generally has the power to do but is not specifically a constitutional power, he gets presumed immunity for.

    This is a victory for Trump. They gave Trump everything he asked for and more. And that’s not my opinion, that’s what Sotomayor herself said in her dissent.

    I suggest you read both hers and Jackson’s dissent, this is a horrific ruling.

    https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf







  • Ranvier@sopuli.xyztoLemmy Shitpost@lemmy.worldRock Eagle Flag
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    6 days ago

    Teaching kids to use guns doesn’t save kids’ lives. If you want to teach em to stay away from guns, that they’re deadly, they shouldn’t touch it and should tell an adult right away go ahead.

    Teaching kids to use guns in the name of gun safety is like saying you need to teach them how to drive in case they find some car keys lying around and decide to take it for a spin.


  • Already in the comment, click the links.

    https://www.safekidsinc.com/hero-program-overview

    Here’s where it goes through their curriculum per grade level including pre schoolers.

    The 'heroes" program is not teaching pre schoolers to use guns, it’s teaching them about active shooter situations.

    The other link was the one offering actual gun training (for 7 year olds and up so second graders potentially).

    My comment was that it’s sad we apparently need programs to to teach pre schoolers about how to deal with active shooting situations now.


  • Ranvier@sopuli.xyztoLemmy Shitpost@lemmy.worldRock Eagle Flag
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    6 days ago

    The one I linked specifically mentions shooting afterwards for kids as young as 7…

    But yes if guns are at home they should be locked (and really locked, like a trigger lock plus a safe that’s set to something besides 1111, holy crap you’d be surprised at how cavelier some people are) and totally inaccessible to kids. Teaching single digit age kids about guns is not a substitute for that, but of course I’m not saying you shouldn’t teach your kids that they shouldn’t touch guns and what they can do.

    And teaching kids about guns will not solve the serious gun problems in America. The gun problems unique to America that pretty much every other industrialized nation has figured out already. And it’s a horrible tragedy that stuff like “the heroes program” to teach preschoolers how to deal with active shooters is necessary in this country. All to please gun nuts.

    https://www.safekidsinc.com/

    Most gun nuts aren’t too interested in education anyways:

    https://www.thetrace.org/2022/01/which-states-require-firearm-safety-course-concealed-carry/