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Swede

(33,548 posts)
Mon Mar 4, 2024, 05:52 PM Mar 2024

SCOTUS' punt on Trump's immunity bid,is an invitation for Jack Smith to supersede Trump with inciting insurrection.

After all, SCOTUS has now upheld the DC Circuit opinion that says there’s no double jeopardy problem with trying someone for something on which they were acquitted after impeachment.

Jack Smith could — today — charge Trump with inciting insurrection in response to this order. It is the one Constitutional means to disqualify him, according to this order.

https://www.emptywheel.net/2024/03/04/scotus-invites-jack-smith-to-supersede-trump-with-inciting-insurrection/

9 replies = new reply since forum marked as read
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SCOTUS' punt on Trump's immunity bid,is an invitation for Jack Smith to supersede Trump with inciting insurrection. (Original Post) Swede Mar 2024 OP
Don't think it will happen. republianmushroom Mar 2024 #1
Kick for reading later... TY Cha Mar 2024 #2
Smith could, but he's still trying to get him to trial on original case. Silent Type Mar 2024 #3
Karma is a bitch............................ Lovie777 Mar 2024 #4
From your keyboard to Jack Smith's screen. Think. Again. Mar 2024 #5
Are you suggesting it could be a way to go around the stay the SCOTUS placed on the Jan 6 trial? Rstrstx Mar 2024 #6
I have read he could take it to the 9th circuit as a civil case which is a lower bar Bev54 Mar 2024 #9
Far too late for that FBaggins Mar 2024 #7
Santa Clause ain't comin' this year folks Cheezoholic Mar 2024 #8

Silent Type

(3,585 posts)
3. Smith could, but he's still trying to get him to trial on original case.
Mon Mar 4, 2024, 05:56 PM
Mar 2024

Looks like that ain’t gonna happen before November.

Lovie777

(12,797 posts)
4. Karma is a bitch............................
Mon Mar 4, 2024, 05:58 PM
Mar 2024

it's slowly happening now, and when it comes full circle, I will have firecrackers.

Bev54

(10,192 posts)
9. I have read he could take it to the 9th circuit as a civil case which is a lower bar
Mon Mar 4, 2024, 08:31 PM
Mar 2024

IANAL so I don't know if that is possible to get it done but the section 3 does refer to civil not criminal findings. I have to admit I am confused over what can actually be done and whether it can all be done before the election. The only thing I am sure of is not to put all the eggs into the judicial system, it is time for everyone to not only make sure they can and will vote but to work with dems to get others out to the voting booths.

FBaggins

(27,008 posts)
7. Far too late for that
Mon Mar 4, 2024, 06:59 PM
Mar 2024

Get a grand jury to indict on new charges and somehow get it all the way through to trial before the election?

We're not sure that he can get any of the current federal charges through by then. How would entirely new charges be faster?

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