exactlybackintexas2013 said:
Told you. It's nothing but hope.
exactlybackintexas2013 said:
Told you. It's nothing but hope.
Good Morning !
— Rasmussen Reports (@Rasmussen_Poll) October 3, 2024
"She kicked out Republican observers the night before at around 10:30pm telling them all ballots had been counted. Claire was done with the LEGAL ballots at 10:30pm on Nov. 3rd. She needed the time from then until 3:06am to stuff the tabulators with fake ballots… https://t.co/dDp4SaHgcP pic.twitter.com/Iwp1y3dnnV
American elections are nothing but dirty trick contests. https://t.co/ICQ1E4YntN
— Scott Adams (@ScottAdamsSays) October 3, 2024
It's because there's no there, there.Im Gipper said:
I agree with that entire analysis on Sixth Amendment as it pertain to a trial.
What I don't know the answer on, and likely no one here does, is how it applies in the context of a yet to be filed motion to dismiss and a claim of presidential immunity.
Usually, on a motion to dismiss alleging insufficiency of an indictment, all allegations of the indictment are taken as true. Does that hold with a presidential immunity claim?
No idea on that one, but its not one Team Trump really even briefed in their opposition to this procedure playing out. They just mention the Sixth Amendment in one sentence with no analysis.
Just to say, when I saidjt2hunt said:exactlybackintexas2013 said:
Told you. It's nothing but hope.
Quote:
I feel confident that the immunity ruling will get overturned
Watermelon Man said:It's because there's no there, there.Im Gipper said:
I agree with that entire analysis on Sixth Amendment as it pertain to a trial.
What I don't know the answer on, and likely no one here does, is how it applies in the context of a yet to be filed motion to dismiss and a claim of presidential immunity.
Usually, on a motion to dismiss alleging insufficiency of an indictment, all allegations of the indictment are taken as true. Does that hold with a presidential immunity claim?
No idea on that one, but its not one Team Trump really even briefed in their opposition to this procedure playing out. They just mention the Sixth Amendment in one sentence with no analysis.
There is no Sixth Amendment issue. That's just part of the "throw everything up there and see if anything sticks" plan and the mid-informed are running with it to see if anyone will chase them. None of the evidence included in the brief is presented as evidence of any crime Trump is being charged with, but as evidence to support the claim that immunity does not apply.
As the brief does not accuse Trump of committing any specific crimes, the evidence provided is not being used as criminal evidence. The brief does make arguments why his actions are not covered by the SCOUTS immunity ruling. That is, they were not core official acts (nowhere in Article II is the Executive Branch assigned a roll to monitor a state's elections), to which complete immunity is granted, and if they were to be considered other official acts (as enabled by Congressional law or Judicial decision), then the immunity is only presumptive, which can be rebutted.
Thus, the brief. The prosecution was tasked with informing the court why the immunity created by the SCOTUS does not apply to the superseding indictment. Those are the claims made in the brief, not that Trump is guilty. Of course, the defense has opportunity to rebut those claims in a response, due October 17, I believe. In that rebuttal, the defense will likely try to prohibit the use of the evidence given in the brief, try to discredit it, or cry "Witch Hunt!" However, if the lawyers try to call "Witch Hunt!" again, given the wording in the Judge's dismissal of the defense's motion to dismiss the brief, I would expect to see a call for sanctions against council.
There are a crap ton of federal statutes on the books regarding voting rights and procedures. If the DOJ doesn't enforce them who does? DOJ is in the Executive Branch, in case you were unaware.Quote:
That is, they were not core official acts (nowhere in Article II is the Executive Branch assigned a roll to monitor a state's elections), to which complete immunity is granted, and if they were to be considered other official acts (as enabled by Congressional law or Judicial decision), then the immunity is only presumptive, which can be rebutted.
backintexas2013 said:
You said you feel confident. You give no reason. You might as well of said I hope. That's all it is.
May as well be DOI...Department of Injustice.aggiehawg said:There are a crap ton of federal statutes on the books regarding voting rights and procedures. If the DOJ doesn't enforce them who does? DOJ is in the Executive Branch, in case you were unaware.Quote:
That is, they were not core official acts (nowhere in Article II is the Executive Branch assigned a roll to monitor a state's elections), to which complete immunity is granted, and if they were to be considered other official acts (as enabled by Congressional law or Judicial decision), then the immunity is only presumptive, which can be rebutted.
Public litigation over the sufficiency of indictments and the admissibility of evidence are part and parcel with criminal cases and these 6th Amendment confrontation clause arguments before trial are largely legal gobbledy goo.Im Gipper said:
I agree with that entire analysis on Sixth Amendment as it pertain to a trial.
What I don't know the answer on, and likely no one here does, is how it applies in the context of a yet to be filed motion to dismiss and a claim of presidential immunity.
Usually, on a motion to dismiss alleging insufficiency of an indictment, all allegations of the indictment are taken as true. Does that hold with a presidential immunity claim?
No idea on that one, but its not one Team Trump really even briefed in their opposition to this procedure playing out. They just mention the Sixth Amendment in one sentence with no analysis.
Watermelon Man said:Just to say, when I saidjt2hunt said:exactlybackintexas2013 said:
Told you. It's nothing but hope.Quote:
I feel confident that the immunity ruling will get overturned
I meant just that. That is my belief. It is not a fact, it is not even supported by a preponderance of evidence, but merely that I am confident that it is bad law and to prevent horribly bad results from following, it will be overturned.
Outside of the MAGA world, beliefs are not facts and facts are not just things you want to be true. Facts are things that are true regardless of your beliefs.
If Trump acknowledges that the facts in the indictment must be accepted as true, I'd love to hear someone explain why the inability to cross-examine these grand jury witnesses is relevant for the purposes of a motion to dismiss.Quote:
Trump's team said in their Motion to Dismiss Based on Presidential Immunity (filed last October) that you take the allegations in the indictment as true.
So, you're agreeing with me?aggiehawg said:There are a crap ton of federal statutes on the books regarding voting rights and procedures. If the DOJ doesn't enforce them who does? DOJ is in the Executive Branch, in case you were unaware.Quote:
That is, they were not core official acts (nowhere in Article II is the Executive Branch assigned a roll to monitor a state's elections), to which complete immunity is granted, and if they were to be considered other official acts (as enabled by Congressional law or Judicial decision), then the immunity is only presumptive, which can be rebutted.
I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
Explain what?Im Gipper said:
Guess again!
It is clear what I meant, you just ignored it.
Let's try again! What are the circumstances in which this opinion on presidential immunity will be changed. A new Trump case? This Trump case? A Biden case? Someone in future?
You made a prediction, explain it.
Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
Enforcing Congressionally passed laws is one of the core powers (i.e. official acts) of the executive branch.Watermelon Man said:So, you're agreeing with me?aggiehawg said:There are a crap ton of federal statutes on the books regarding voting rights and procedures. If the DOJ doesn't enforce them who does? DOJ is in the Executive Branch, in case you were unaware.Quote:
That is, they were not core official acts (nowhere in Article II is the Executive Branch assigned a roll to monitor a state's elections), to which complete immunity is granted, and if they were to be considered other official acts (as enabled by Congressional law or Judicial decision), then the immunity is only presumptive, which can be rebutted.
The "federal statutes on the books," as you call them, are either Congressional laws (Article I) or Judicial interpretations of the Constitution and Congressional laws (Article III). So, not core official acts.
So, now it's down to other official acts.
If you want to argue that by threatening Pence, Raffensperger, and Russell Bowers, Trump was just trying to make sure they weren't keeping African-Americans from voting, go ahead. Interesting, however, that he didn't call any Democrats and question them about the election results. Also interesting that Trump apparently had absolutely no interest in making sure the US Senate and Congressional elections were fair, only the Presidential race. That kind of proves he wasn't just trying to make sure voting rights and procedures were being followed.
But, OK. Dismiss all of that with a wave of the hand. Can you identify any of the "crap ton of federal statutes on the books" that Trump was trying to enforce and in what way was he going about it?
(I doubt it)
By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
If you think you're convincing anyone other than yourself with your fanciful interpretations, you're sorely mistaken.Watermelon Man said:By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
JUST IN: Judge Chutkan has agreed to let Trump file his response to Smith's big immunity filing after the election. Trump had asked for late November, but Chutkan split the difference and gave him until Nov. 7.
— Kyle Cheney (@kyledcheney) October 3, 2024
Could be the day the race is called, if it's close. pic.twitter.com/7xrHmXyh2a
Watermelon Man said:By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
Im Gipper said:
Trump can respond after the electionJUST IN: Judge Chutkan has agreed to let Trump file his response to Smith's big immunity filing after the election. Trump had asked for late November, but Chutkan split the difference and gave him until Nov. 7.
— Kyle Cheney (@kyledcheney) October 3, 2024
Could be the day the race is called, if it's close. pic.twitter.com/7xrHmXyh2a
Watermelon Man said:By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
Why do I feel as if I have fallen through the looking glass...aginlakeway said:Watermelon Man said:By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
How do you know this for a fact?
dhmAg with kids said:Enforcing Congressionally passed laws is one of the core powers (i.e. official acts) of the executive branch.Watermelon Man said:So, you're agreeing with me?aggiehawg said:There are a crap ton of federal statutes on the books regarding voting rights and procedures. If the DOJ doesn't enforce them who does? DOJ is in the Executive Branch, in case you were unaware.Quote:
That is, they were not core official acts (nowhere in Article II is the Executive Branch assigned a roll to monitor a state's elections), to which complete immunity is granted, and if they were to be considered other official acts (as enabled by Congressional law or Judicial decision), then the immunity is only presumptive, which can be rebutted.
The "federal statutes on the books," as you call them, are either Congressional laws (Article I) or Judicial interpretations of the Constitution and Congressional laws (Article III). So, not core official acts.
So, now it's down to other official acts.
If you want to argue that by threatening Pence, Raffensperger, and Russell Bowers, Trump was just trying to make sure they weren't keeping African-Americans from voting, go ahead. Interesting, however, that he didn't call any Democrats and question them about the election results. Also interesting that Trump apparently had absolutely no interest in making sure the US Senate and Congressional elections were fair, only the Presidential race. That kind of proves he wasn't just trying to make sure voting rights and procedures were being followed.
But, OK. Dismiss all of that with a wave of the hand. Can you identify any of the "crap ton of federal statutes on the books" that Trump was trying to enforce and in what way was he going about it?
(I doubt it)
Article II. Section 3. "...he shall take Care that the Laws be faithfully executed..."
hth
Watermelon Man said:Why do I feel as if I have fallen through the looking glass...aginlakeway said:Watermelon Man said:By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
How do you know this for a fact?
I get asked what my opinion is, then questioned by the same poster as to why I know that as a fact!
Here's a clue, it's not a fact, it's an opinion. Like, what you asked for.
It seems a lot of trouble stems from people's inability to be able to tell opinion from fact.
Im Gipper said:If Trump acknowledges that the facts in the indictment must be accepted as true, I'd love to hear someone explain why the inability to cross-examine these grand jury witnesses is relevant for the purposes of a motion to dismiss.Quote:
Trump's team said in their Motion to Dismiss Based on Presidential Immunity (filed last October) that you take the allegations in the indictment as true.
Has anyone seen such an explanation?
Can you post any links to media reports that taking what the brief as fact? It's not really just his opinion, but allegations. Indictments, if you will.aginlakeway said:Watermelon Man said:Why do I feel as if I have fallen through the looking glass...aginlakeway said:Watermelon Man said:By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
How do you know this for a fact?
I get asked what my opinion is, then questioned by the same poster as to why I know that as a fact!
Here's a clue, it's not a fact, it's an opinion. Like, what you asked for.
It seems a lot of trouble stems from people's inability to be able to tell opinion from fact.
Agree. So why do you think that so many members of the media is taking this prosecutor's brief as fact? Isn't it just his opinion, and without the ability for the defense to respond?
Watermelon Man said:Can you post any links to media reports that taking what the brief as fact? It's not really just his opinion, but allegations. Indictments, if you will.aginlakeway said:Watermelon Man said:Why do I feel as if I have fallen through the looking glass...aginlakeway said:Watermelon Man said:By "this" I have to guess (because you are vague about it) that you mean the unsealing of Smith's brief. The timing has everything to do with how long it took to rule on the motions, and nothing else.aginlakeway said:Watermelon Man said:Two weeks.aginlakeway said:Watermelon Man said:I'm going to guess that by this response, you mean that there are no circumstances where sanity will return to the Supreme Court.Im Gipper said:"Nonresponsive"Watermelon Man said:I truly believe that sanity will return to the Supreme Court. It may take a while, but I have faith that it will happen. The idea of Presidential Immunity for Criminal Acts is so Anti-American that either it will be rejected by The People, or The People will no longer define America.Im Gipper said:Under what circumstances?Quote:
I feel confident that the immunity ruling will get overturned
A boy can hope, can't he?
What's your opinion on the timing of all of this be released?
What's your opinion on the timing of why this was released yesterday?
How do you know this for a fact?
I get asked what my opinion is, then questioned by the same poster as to why I know that as a fact!
Here's a clue, it's not a fact, it's an opinion. Like, what you asked for.
It seems a lot of trouble stems from people's inability to be able to tell opinion from fact.
Agree. So why do you think that so many members of the media is taking this prosecutor's brief as fact? Isn't it just his opinion, and without the ability for the defense to respond?
I don't see them reporting anything but that Smith wrote what they are reporting in the brief as fact. That is, the fact is that it is included in the brief, not that it is undeniably true.
What makes this different than the stolen election lies is Smith supplies evidence of what he is alleging. Trump's lies, not so much. Realizing that a Federal Prosecutor is unlikely to manufacture evidence to put before a Grand Jury, where there is a written record of what people said carries a lot of weight.