Shocker From Top Conservative Judge: Trump Likely To Skate Completely

[mahatmakanejeeves]

SCOTUS FAIL

Shocker From Top Conservative Judge: Trump Likely To Skate Completely

J. Michael Luttig sees two potential outcomes from Thursday’s Supreme Court arguments. Both are grim for our democracy.

Greg Sargent
April 27, 2024

“I’m profoundly disturbed about the apparent direction of the court,” J. Michael Luttig told me. “I now believe that it is unlikely Trump will ever be tried for the crimes he committed in attempting to overturn the 2020 election.” … I called Luttig, a former federal judge with extensive conservative credentials, to solicit his reaction to this week’s Supreme Court hearing over Donald Trump’s demand for absolute immunity from prosecution for any crimes related to his insurrection attempt. On Thursday, Luttig posted a thread critiquing the right-wing justices for their apparent openness to Trump’s arguments—but that thread was legalistic and formal, so I figured Luttig had a lot more to say.

And did he ever. Luttig lacerated the right-wing justices for harboring a “radical vision” of the American presidency, and pronounced himself “gravely” worried that Trump will never face accountability for alleged crimes committed in attempting to destroy U.S. democracy through extensive procedural corruption and the naked incitement of mob violence. … Luttig’s fear that Trump may very well skate centers on the lines of questioning from the court’s right-wing majority about Special Counsel Jack Smith’s ongoing prosecution of Trump. As many observers noted, those justices appeared largely uninterested in the question before them—whether Trump’s alleged crimes related to the insurrection constituted official presidential acts that are immune from prosecution after leaving office.

Instead, the justices dwelled on the supposed future consequences of prosecuting presidents for crimes, and seemed to want to place some limits on that eventuality. That suggests the justices will kick the case back to lower courts to determine whether some definition of official presidential acts must be protected (and whether Trump’s specific acts qualify). … Such a move would almost certainly push Trump’s trial until after the election, and if he wins, he can simply cancel prosecutions of himself. Luttig fears that outcome. But he also worries that even if Trump loses the election, there may well be five Supreme Court votes for siding with Trump’s demand for immunity. Both outcomes would functionally end his prosecution.

“I believe it is now likely either that Trump will get elected and instruct his attorney general to drop the charges, or that the Supreme Court will grant him immunity from prosecution,” Luttig told me.

{snip}

[jimfields33]

1. Ok. So the lower court will get the case back most likely.

Why can the lower court begin drafting what they believe is the difference in official and unofficial NOW or days ago? That way when they get it back, it’s done and maybe except for a few tweaks, it can go back to the Supreme Court within days. Normally, the lower court doesn’t get this kind of hint as to what’s going to most likely happen. Why make this so difficult?

[elleng]

2. Several possibilities make it unclear what will, in fact, be 'remanded' back to trial court,

so not possible to begin next steps until Supremes have issued a decision, sadly. Thanks for encouraging swift action.

[oldsoftie]

14. I think it will be to determine what constitutes "official acts". nt

[elleng]

18. Right.

[Lonestarblue]

3. If the SC wants to delay for Trump, they will wait until the end of June to issue a ruling.

Sending the case back to a lower court at that time means that their term has ended and they will have an excuse not to take the appeal up again until October. Any trial before the election will thus be prevented. If Trump wins, all prosecutions will disappear, including the one in Georgia because a Republican governor, legislature, and presiding judge will decide that offending Trump with a prosecution is not in their best interests.

If Trump loses, he will bring multiple lawsuits claiming voter fraud and he has Republicans positioned in the key states to try to confuse the vote so that they can claim fraud. Those cases will go to the SC, where we could see another Bush-Gore scenario with the Court appointing Trump as president. While Democrats hold the reins in four key states—Arizona, Michigan, Wisconsin, and Pennsylvania—we know that Republicans there will cheat and use every dirty trick to prevent some votes and possibly not count others. I’m assuming that Georgia will go for Trump this time because the Republican legislature will take over Fulton County and corrupt its vote. I’m sorry to be so pessimistic, but Republicans have never had a better chance to overthrow democracy and establish themselves as permanent minority rulers with the SC willing to help them.

[gab13by13]

5. Don't feel bad,

Last edited Sun Apr 28, 2024, 07:51 AM - Edit history (1)

wait until the crowd shows up to call you a doom and gloomer. The insurrection continues, Project 2025 continues.

Some states are trying to hold the coup plotters accountable, they must not have gotten the memo from DOJ?

Here is a quote from Gym Jordan, he was shocked that Arizona would indict upper level coup plotters.

"Indicting former chiefs of staff and lawyers for President Trump is banana republic craziness," Jordan said, likely referencing a recent indictment in Arizona.

[Scrivener7]

9. I can take the name calling. It's the smug, "Everything is working as it is supposed to" and "the

wheels of justice turn slowly but grind finely," crap that makes me want to throw something. The suggestion that ANY of this is going the way it's supposed to has proven over and over and over again to be idiotic.

[Baitball Blogger]

6. What an irony that Hillary Clinton lost an election because it was announced she was about to

get investigated, and now we have Trump with all these investigations and court room baggage, and we're in fear that the idiots that support him, will get him elected.

This is a major imbalance in America. One investigation vs. several Court Room cases.

[calimary]

7. Too depressing even to contemplate.

But maybe we should start considering ways to pour a little sugar in their engines…

[NJCher]

8. Legal AF came to this conclusion last week

Eom

[KS Toronado]

10. Are the Supremos helping TSF in the hopes of keeping their conservative agenda going?

Are they afraid a Biden win would expand the court and nullify all of their right wing advances?

[apnu]

12. They aren't that smart to be concerned about it

They play stupid semantic games and think we don’t see through them.

They are high on their own supply.

[rubbersole]

16. The SC rw toadies are convinced they're running the country.

When they try to ignore the will/result of the overwhelming blue tsunami...then the shit hits the fan. Women are already extremely pissed off. Now poke them with a stick and dismiss their victory. You'll be the most ignored six pieces of treasonous shit ever to wear robes.

[apnu]

11. Been said before, must be said again: nobody will rescue us, we must rescue ourselves

The third branch is too weak to stop a criminal Executive. The only defense we have is to vote for Biden.

[oldsoftie]

13. As I've said from DAY ONE. Although I still doubt the giving immunity part

They may toss it back down to decide what's "offical acts" but that still delays till after the election

The Stormy trial is the only one thats going to finish & nobody gives a shit about paying off an affair. He wont go to jail for it even if convicted. Simply waited WAY too long for the docs case & gave him WAY too much time to comply when they shouldve known he never WOULD
What a mess.

[tavernier]

15. And if he is elected and rules like the dictator he is hoping to be

at the first sign of correction from HIS SCOTUS, they will be out the door.

[doc03]

17. Maybe so but he also said the 14th Amendment would prevent Trump

from being on the ballot.