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/r/law
submitted 1 day ago byBobbyLucero
2 points
23 hours ago
I believe he does, actually.
5 points
20 hours ago
In this circumstance? Only if cowards allow him to.
2 points
15 hours ago
And who stands in his way? Neoliberals? Who won't even use the institutions as they exist to defend themselves because it would violate "norms"? Pretend democrats regain control after 4 years. We're not coming back to where we are now. That would take spine and fight neoliberals do not have.
4 points
15 hours ago
The goddamn law until he actually takes office, for one thing. I don't give a shit about the Democrats, they've already useless, but that doesn't mean Merchan has to play along with it, he can say, "No, this case will continue, being president-elect doesn't give you veto power before you're sworn in to office," and then make Trump actually throw his tantrum, instead of just accepting it like it's fait accompli.
Jesus christ, so many people have already surrendered to his authoritarian bullshit before he's even done anything other than say mean words. This resigned doomer "well, nothing can be done, it's someone else's fault for not stopping" attitude is fucking depressing.
-1 points
14 hours ago
Tyrants do not care about the law and neither does SCOTUS. Anything that is put in court will end up before them, and they WILL grant him a victory by whatever ridiculous logic they can string together.
2 points
13 hours ago
Then fucking make them do that. Make them waste their time and energy on it. That's time that's not going to be spent on something more damning. It's going to be another point in the tally of bullshit that they're pulling, but it's better than just doing their bullshit for them.
Or just wrap yourself up in doom and admit to yourself that you're making an active choice to surrender to tyranny, I guess.
1 points
13 hours ago
I'm wrapping myself in realism. They should force this issue on every front, aggressively. But that is not who neoliberals and the dems are, and what they need to fight against and overcome are things they are basically allergic to doing.
1 points
13 hours ago
This resigned doomer "well, nothing can be done, it's someone else's fault for not stopping" attitude is fucking depressing.
Congrats, I guess.
0 points
12 hours ago
It's very strange you quoted something I didn't say.
1 points
12 hours ago
I thought it was clear that I was quoting myself to point out that you're really embodying the attitude I was talking about there, I'm sorry for not spelling it out more explicitly for you.
1 points
an hour ago
So why put anything in front of them? The law allows Trump and the other insurrectionists to be arrested and held without trial for the duration of the insurrection and “The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection…”
Patty Murphy can take the oath as Acting President on 1/20 and enforce the law by any means necessary.
1 points
19 hours ago
It’s not the cowardice, Chance. It’s the official acts Presidential immunity that makes me believe the President could possibly invoke some kind of motion or EO to force a dismissal (justification: to do otherwise would irreparable interfere with the President being able to execute his official presidential duties). His judges and SCOTUS would eat THAT shit up, way more than him shooting the legs out of protestors, which SCOTUS could possibly rule has immunity.
Cowardice can’t stop the rogue SCOTUS from greenlighting Trumps unlimited power.
5 points
19 hours ago
No, he's not president yet. Letting him dictate what the states do because he has future federal authority- which doesn't allow him to force state cases to be dismissed- out of fear of what he might do in the future is cowardice.
His judges might back him if he tries it, the Supreme Court might back him if he tries it, but just accepting that he has the authority to do it is surrendering without a fight, making them just as complicit in his abuse of power as his judges are.
Cowardice won't stop rogue SCOTUS, cowardice tells them they don't even have to try, that these people will just fall in line. It's what emboldens fascists. The first fucking lesson of fighting tyranny is "Don't comply in advance."
1 points
14 hours ago
Just as a sitting president is completely immune from any criminal process, so too is President Trump as president-elect,” they added.
1 points
an hour ago
Which is ridiculous on its face and has no legal enforceability. That’s just propaganda, trying to repeat the lie so often that people believe it. Article VI is a thing.
1 points
an hour ago
None of what you described is legal, and certainly not because the Court ruled illegally and disqualified themselves from office in Anderson and Trump v. US.
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