The bigger deal is that this immunity protection does not extend to the President’s minions and officials.
Trump is never going to round up the prisoners and fly the plane to El Salvador all by himself. He’s got people to do that, and those people can be served with court orders and criminal contempt process.
The bigger deal is that this immunity protection does not extend to the President’s minions and officials.
Not directly, but any employee or agent has no liability if they are following legal orders of their employer.
So no - they cannot be prosecuted either.
State employees aren’t specifically beholden to the agency who hires and fires them.
The state has an executive, legislative and judicial branch.
If they follow an executive order but contravene a law, or contravene a court order that they know about (since only the courts make final interpretations of law) - my understanding is that they have no immunity.
It’s meant to deter the “only following orders” Nazi defense.
In theory there should be checks and balances which prevent anything absurdly fascist, it’s expected that it would be halted before it happens, but I suspect those who wrote this into the Constitution didn’t count on the level of fascism we’re seeing now.
Did you not read the article? They’re facing contempt of court charges and have until the 23rd to support their defense. If the DoJ refuses to enforce the charges, the judge said he’ll appoint an attorney to do so.
The legislative branch has been confirming all of the appointments.
The legislative branch could try impeaching him (again) but we both know that’s not going to happen. Best case scenario is yet another vote down party lines. The magats are complicit. The corporatists are complicit. There are scant few voices that speak up for anything that doesn’t benefit themselves.
So then to answer your question, the judiciary branch is being de-fanged. They’re supposed to be a safeguard against all of this. But it’s all just words on paper if nothing is enforced. Agent Orange was handled with kid gloves the past four years. Cases delayed, investigations slow-walked, and even the cases that ended in conviction saw zero consequences.
If judicial (those that aren’t full owned, anyway) wants to try and reverse course… I wish them luck. I would love to be wrong about this pessimism. But given that a third of the public blindly believes whatever Fox etc tell them (and another ~third, probably more, can’t be bothered to pay attention), it all plays straight into the persecution narrative. They are grossly outnumbered, outfinanced, and outgunned.
This is why we are seeing the phrase “constitutional crisis” bandied about. The groundwork has been laid over generations. The plans are being executed now.
“You’re not allowed to do that” is not stopping any of it.
That’s not entirely accurate. His immunity for “official acts of the office of the President” is to be determined by the presiding judge. An “official act” has yet to be defined, and there is nothing written about charges. He can and should be charged as well, so we can begin to define the limits of his immunity. Refusing to challenge it in fear that it will be overturned, is exactly what he’s hoping for.
That ONLY protects the president, and only from crimes he commits as official acts.
Now, we all know the mental gymnastics the GOP can do are impressive, but ignoring a court order is not an official act.
The deportation itself? That’s the act that he’s immune from.
The bigger deal is that this immunity protection does not extend to the President’s minions and officials.
Trump is never going to round up the prisoners and fly the plane to El Salvador all by himself. He’s got people to do that, and those people can be served with court orders and criminal contempt process.
The immunity ruling also retained determination of an act to be official up to the courts.
And then if Trump just pardons them?
Correct. And then Trump just pardons them.
Not directly, but any employee or agent has no liability if they are following legal orders of their employer. So no - they cannot be prosecuted either.
State employees aren’t specifically beholden to the agency who hires and fires them.
The state has an executive, legislative and judicial branch.
If they follow an executive order but contravene a law, or contravene a court order that they know about (since only the courts make final interpretations of law) - my understanding is that they have no immunity.
That’s not what the Nuremberg trials found
It’s meant to deter the “only following orders” Nazi defense.
In theory there should be checks and balances which prevent anything absurdly fascist, it’s expected that it would be halted before it happens, but I suspect those who wrote this into the Constitution didn’t count on the level of fascism we’re seeing now.
We’ll see how it works out.
What do you think the Judiciary Branch is doing?
Aiding and abetting?
By holding them accountable in court?
With zero repercussions for ignoring the courts.
It sucks to watch that.
Did you not read the article? They’re facing contempt of court charges and have until the 23rd to support their defense. If the DoJ refuses to enforce the charges, the judge said he’ll appoint an attorney to do so.
I read the article. I’ve also seen what’s happened so far when judges have sanctioned or ruled against Trump … and nothing happens.
The legislative branch isn’t the courts.
The legislative branch has been confirming all of the appointments.
The legislative branch could try impeaching him (again) but we both know that’s not going to happen. Best case scenario is yet another vote down party lines. The magats are complicit. The corporatists are complicit. There are scant few voices that speak up for anything that doesn’t benefit themselves.
The majority are letting all of this happen.
Duh. Thanks for the correction. Edited for accuracy.
Gotcha, that makes more sense.
So then to answer your question, the judiciary branch is being de-fanged. They’re supposed to be a safeguard against all of this. But it’s all just words on paper if nothing is enforced. Agent Orange was handled with kid gloves the past four years. Cases delayed, investigations slow-walked, and even the cases that ended in conviction saw zero consequences.
If judicial (those that aren’t full owned, anyway) wants to try and reverse course… I wish them luck. I would love to be wrong about this pessimism. But given that a third of the public blindly believes whatever Fox etc tell them (and another ~third, probably more, can’t be bothered to pay attention), it all plays straight into the persecution narrative. They are grossly outnumbered, outfinanced, and outgunned.
This is why we are seeing the phrase “constitutional crisis” bandied about. The groundwork has been laid over generations. The plans are being executed now.
“You’re not allowed to do that” is not stopping any of it.
That’s not entirely accurate. His immunity for “official acts of the office of the President” is to be determined by the presiding judge. An “official act” has yet to be defined, and there is nothing written about charges. He can and should be charged as well, so we can begin to define the limits of his immunity. Refusing to challenge it in fear that it will be overturned, is exactly what he’s hoping for.
I would have thought that paying hush money to a hooker wouldn’t be an official act, but whatever.
Trump was convicted of that but the judge ruled there should be no penalty.
“He’s got so much potential”
If the president never orders them to do anything as policy then they can’t really be held accountable can they?