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In response to
"I’m confused. How did we already know that SCOTUS would be hearing arguments Thursday if this decision is just now being made? -- nm*"
by
mara
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And a bit more detail (if it helps)
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Today's ruling was on the question: "Does Presidential immunity provide a complete defense against any wrongdoing, even criminal prosecution?"
Trump asked the trial court to dismiss the prosecution's criminal indictments brought by Jack Smith and his team alleging that Presidential immunity does actually prohibit the President from ever being charged with crimes. Their best argument is essentially that impeachment is the only option to punish a President's actions.
Today's ruling from the DC Circuit says otherwise: "Former President Trump moved to dismiss the Indictment and the district court denied his motion. Today, we affirm the denial. For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution."
The SCOTUS case relates to the question of whether the Colorado Supreme Court correctly followed the Constitution when they decided that Trump is barred from appearing on the ballot in the Presidential election.
"The dispute hinges on the interpretation of a relatively obscure provision of the Constitution: Section 3 of the 14th Amendment, which (as relevant in this case) provides that no one “shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State,” if that person had previously sworn, “as a member of Congress, or as an officer of the United States” to support the U.S. Constitution but then “engaged in insurrection or rebellion” against the federal government."
Essentially, Trump's legal team has tried to argue that the Office of the President of the United States (https://www.whitehouse.gov/administration/executive-office-of-the-president/) is a misnomer; the President isn't actually an "officer" because the 14th Amendment doesn't include him in the list of Senator, Representative, Vice President, and Presidential elector.
Which is ludicrous on so many levels it makes my head spin. But that's their best argument. So far.
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Responses:
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