(08-16-2023 04:16 PM)Attackcoog Wrote: (08-16-2023 03:51 PM)tanqtonic Wrote: (08-16-2023 02:43 PM)Attackcoog Wrote: (08-16-2023 02:35 PM)UofMstateU Wrote: (08-16-2023 01:13 PM)tanqtonic Wrote: If a POTUS murdered his wife while POTUS but while in New Mexico, nothing would prevent New Mexico from indicting and trying the former President for that murder.
The 'doing a crime while POTUS' statement is simply incorrect. End of story.
The issue isnt 'while POTUS', the issue is 'in performing the duty of POTUS in the act.'
There is no official duty as President that I am aware of murdering your wife.
Such as there is no official duty under the actions as President that I am aware of in trying to wipe out the votes of millions of people, nor trying to wipe out the specific votes of 16 specific people.
That seemingly kind of goes well beyond the official powers as President.
I must have missed where Trump was charged in murdering his wife. Last I checked, all charges stem from the 2020 FEDERAL election.
Its also irrelevant to what we are discussing because murdering your wife could not arguably be part of your duties as president.
I suggest you read what some of you are posting.
The statement that Trump cannot be charged simply because it was done when he was POTUS is just flat incorrect.
Thats not what we are saying----which tells me all you've got at this point is straw man arguments.
Here is eagle's comments -- the one I responded to directly:
"for something he is accused of doing WHILE POTUS"
Quote: What we are saying is a state cannot charge a federal official with a crime for carrying out duties that are a reasonable part of their role in the federal government.
I can actually agree with that.
1. What part of the electoral voting process does the President play under any express duties of their office? The answer is zero.
2. What part of the electoral voting process does the President chief of staff play under any express duties of their office? The answer is none.
3. What part of the electoral voting process does the chief of environmental litigation at the DOJ play under any express duties of their office? The answer is none.
None under the Constitution. None under the Electoral Counting Act.
Id like to hear your bases to the above, Im curious.
The caselaw is clear, the issue of blanket 'states cant touch a federal official' *have* to be in light of their express powers and roles in that issue.
As an example, if a 2nd in charge of the OMB shot a bald eagle, there is no rational basis to tie the role of that Office of Management Bureau's actions to such a shotting, and the blanket doesnt exist.
On the other hand, if an undercover narc kills a narco in a shootout at the narco den during a raid, the state cannot charge the narc.
If the undercover narc kills some flunkie of the narco group because he didnt like their hair color, the state can absolutely charge that narc.
So ---- tell me the express powers of the President and Trump's role in trying to reject the votes of 7 particular states and how that is part and parcel of the Presidential power in the arena of 'counting electoral votes of the states'.
Just because 'someone is President' is not an answer to the above.
Quote:Differing opinions are not illegal.
Im asking you for yours. I look forward to seeing them, and a detailed answer.
Quote:Right now there is a AG making a case against a Federal official that I disagree with and believe is an outlandishly improper use of the the prosecutor's resources.
It is the Special Prosecutor, and the Special Prosecutor alone according to the DOJ rules. But please expand it willy nilly for us.
It still does not touch on the above issue mind you -- that is that the President has an exemption from state law for god knows what fk reason. All I can discern the reason is that you 'dont like the prosecution'. That doesnt qualify for the above.
Quote: I believe the proper way to deal with it is to either defeat it in court of have it dismissed.
I have zero problem affording DJT all the presumptions, and rights, afforded to any criminal defendant. The proper way to deal with it is embodied in my above sentence, and not a prejudged one of guilt, innocence, not guilty, or squawking because how 'unfair' it is that he is charged.
Quote: If I behaved like the Democrat law enforcement arm, I would be arranging to have a conservative Federal AG charge the Georgia AG with a civil rights violation and attempt to jail him for his political actions.
What civil right of Trump is being violated? Please be precise (as opposed to 'loudly and empty rhetorical style' as above.)
Quote:Cuz--thats what politics will degenerate to if we continue down this mindlessly dangerous road of using creative interpretations of law with the intent to criminally punish those who hold opposing viewpoints or speak out against government actions.
What do you propose to do with people that actually violate the law? Ignore it? Yeah, thats on deep solution.... lolz.
Quote:This is banana republic stuff----trying to whip up creative arguments by using very selective and novel interpretations of the law in order to find a way to jail your opponent? Really? Thats what you want to support here?
I dont see anything 'novel' about a charging people with a conspiracy to deprive the voters of a state of their vote. Do you?
Not *just* the generalized people of a state, but specifically the 16 people that the people of that state charged them to vote for the state in the Presidential Election, and not just 'charged' to vote for them but actually fully certified by the entirety of that state's legislature, *and* reinforced by the state judiciary.
Apparently trying to fk those people out of that voting decision by potential fraudulent actions is not such a bad thing in your book. Sounds fun.