UPDATE: Outline edited as original review cited Mar-a-Lago case, this is DC case.
As expected, the first legal motion to dismiss the DC January 6 case is based on the first constitutional application, presidential immunity. [Full Filing pdf HERE]
President Trump’s attorneys John Lauro and Todd Blanche say within their first filing that special prosecutor Jack Smith’s case against President Trump is an attempt to criminalize actions that were well within his White House duties, such as enforcing federal election laws.
“The Constitution, the Supreme Court, and hundreds of years of history and tradition all make clear, the President’s motivations are not for the prosecution or this Court to decide. Rather, where, as here, the President’s actions are within the ambit of his office, he is absolutely immune from prosecution.”
It is a strong and compelling argument, citing numerous prior cases and rulings on the plenary power of the executive and the constitutional establishment of the President as the absolute power within the executive branch. The argument hits one of three core tenets that Jack Smith has used to establish his case.
Even left-leaning Politico seems to accept the foundation of the DC Smith case weakens when contrast against the executive power of the president.
[The] prosecutors’ case is really about distinct powers that the president has: communicating with the public, organizing his administration, talking to Congress, enforcing election laws and ensuring the Constitution is faithfully executed. Whether Trump genuinely believed that the election was stolen — which his attorneys say he did — is irrelevant in assessing his immunity from prosecution, they argue.
“This conduct is manifestly part of the President’s responsibilities in our constitutional tradition, and the question whether the President has a formal role in the election certification process makes no difference,” the attorneys wrote.
[…] Trump’s attorneys say there’s an even more fundamental problem with the charges against him: He was acquitted by the Senate in an impeachment trial for similar conduct. That acquittal, they say, renders Trump “absolutely immune” from prosecution for related acts.
“The Impeachment Clauses provide that the President may be charged by indictment only in cases where the President has been impeached and convicted by trial in the Senate,” the attorneys wrote. “Here, President Trump was acquitted by the Senate for the same course of conduct.”
The Senate acquitted Trump despite a 57-43 majority favoring his conviction because of a two-thirds requirement in the Constitution. At the time, Trump was charged with one count — inciting insurrection — related to his speech to a rally crowd that later became the mob that stormed the Capitol on Jan. 6, 2021. The impeachment trial came just a month after the attack — and shortly after Trump had left office. (link)
Line the treasonous actors up, this is what all these efforts are. Breathing should be respected by theses traitors, but they do not deserve to
Since the protesters were protesting an incoming government that would not gain legitimacy until January 20 how can there be an insurrection charge laid. Insurrection did not take place against the sitting legitimate government.
Insurrection:
nounThe act or an instance of open revolt against civil authority or a constituted government.
A rising up; uprising.
The act of rising against civil authority or governmental restraint; specifically, the armed resistance of a number of persons to the power of the state; incipient or limited rebellion.
revolt
rĭ-vōlt′
intransitive verbTo attempt to overthrow the authority of the state; rebel.To oppose or refuse to accept something.To feel disgust or repugnance.
Lawyers are great at parsing words but rising up against a body that is not legally in power is a stretch. The act of rising against civil authority by the definition that the Democrats are espousing is to eliminate all elections from here on in since every election can be construed or attributed to rising up or protesting civil authority.
Marxists don’t give a hoot about laws, precedents, the Constitution. The always run the same script to try to take over a country. Infiltrate the institutions, corrupt the young, turn the legal system into a weapon against their adversaries, release the most violent criminals from jail, disarm the public, and once they seize power, kill their useful idiot supporters and then hunt down their adversaries one by one for extermination.
They will ultimately fail in this attempt, because they will not be able to disarm the public.
Especially the core praying public.
Don’t forget…turn the “unbiased” media into their own personal propaganda machine. You have to hand it to the left, they do know how to organize.
And even with EVERYTHING going their way, they still do not have an absolute control on America…yet. Imagine if Conservatives were just half as organized. Imagine if just a small percentage really took action and went on the offensive against the commie left.
I think that that is where we are headed. The party of “live and let live” is starting the come to the realization that the left will NOT let us live and let live. We are realizing that they do not think like we do, that they do in fact want the total destruction of America so they can remake it into their communist hellhole. The left would rather be in power over a shitworld of illiterates where life is cheap and no one is allowed to prosper, than to simply sit at the sidelines in a world where life is good for all…even the poor.
History has taught us that communism fails everywhere it is tried. But it has also taught us that communists can be successful and takeover if we let them (see Russia, China, Argentina, N. Korea, Cuba, Laos, Vietnam, and on and on.)
When allowed to take control, under the guise of “It’s good for everyone”, only for the people (sheeple) to find out that they were all lies, and nothing is better, and in fact, everything is much much worse. But by the time these morons figure it out, it is too late. They have been disarmed, the military and their govt is now poised to squash any attempt at taking it back, controls the flow of information, and has an absolute monopoly on violence. So far, no country that has been taken over by communism has been able to come back from it. Once freedom is lost, it is gone for good. No amount of protest or speaking out or voting will fix it. The only solution at this point is violent takeover, which is darned near impossible when you have been completely disarmed and every movement made by the people is watched and scrutinized. Laws only exist to punish the peasants, and not those in power.
We MUST at all costs NEVER let the left take complete control. They are damned close, but the two things that are stopping them so far is the right to free speech and the 2d A. And both are under severe attack. As Trump said, they are not after him, they are after us…after We The People, and after America. If they win, as Bill Paxton said…it’s game over.
And sadly, if Trump does get in power again. We CANNOT go back to how things were. Only RADICAL governing will work. We MUST go on the offensive. We MUST rid America of communists in our schools, our bureaucracy, our media, and our govt. We must destroy the beast and make his minions afraid to even poke they heads out, let alone speak of their dreams of communism. The left has grown so bold that they now brag over being communists, something that no one dared mention only a few decades ago. And why? Because they believe they will win. They no longer have to hide. They have taken off their masks, and stated openly their desire to destroy America. Imagine any time in our history where a politician would claim to hate America and our Constitution. They would not only NOT be elected, but tarred and feathered and run out of town on a rail. But today, the left and their sheep CHEER at the notion of America’s destruction. How did we let this happen?
Hitler told us his plans in his book, Mein Kampf, and he was ignored. Today we wonder how it was that Hitler was allowed to gain control. How an entire country of supposed intelligent people let the madness happen in Germany. We wonder no more. We now see fully exactly how it happened, as it is happening again.
Live and let live must no longer be our motto. We The People must declare who our enemies are, and without mercy, see that they are never allowed to rise up again. We have kicked that can down the road for too long. Hard decisions and even harder actions must be taken. Do we have the will…the stomach to do what must be done? Or, has the American experiment finally failed? Benjamin Franklin told us what we had…and we must decide if we can in fact…keep it.
Well said. The FJB Administration just labeled MAGA supporters “domestic terrorists.” The theory they’ve been working on since 9/11 was tried & tested in COVID mandates & lockdowns, then sicking the FBI on angry parents over what they learned observing their children getting remote teaching during lockdown.
We are walking targets now. Trump was right. And now they’re going after Musk who is neither conservative or MAGA, at least not entirely.
If the civil cases in NY are any indication at all I doubt this Obama / Soros judge will do the right thing. …… ” Chutkan has overseen the trials of more than 30 defendants in cases related to the January 6 Capitol attack. According to The Washington Post, she has been the toughest sentencing judge in those cases, ordering at least some jail or prison time in all cases, and sometimes exceeding the sentence recommended by prosecutors.[40] ”
They will use J6 to cover up the rigged 2020 election until the cows come home.