![]() “In his Constitutional Motion, Defendant first argues that the Indictment should be dismissed because it criminalizes his speech and therefore violates the First Amendment. She has no patience for what she sees as Trump’s patently absurd claims about the First Amendment shielding him: … Despite Defendant’s doomsaying, he points to no evidence that his criminal liability in this case will open the gates to a waiting flood of future federal prosecutions.” “As Defendant acknowledges, he is the only former President in United States history to face criminal charges for acts committed while in office. ![]() On whether future presidents will be overwhelmed with criminal prosecutions: “Every President will face difficult decisions whether to intentionally commit a federal crime should not be one of them.” On whether not immunizing criminal conduct would chill presidential action: … The constitutional limits on impeachment’s penalties do not license a President’s criminal impunity.” “Under Defendant’s reading, if a President commits a crime that does not fall within that limited category, and so could not be impeached and convicted, the President could never be prosecuted for that crime. ![]() Here she is on Trump’s argument about impeachment: A collaboration between American, Google Research and Breakthrough Energy is demonstrating that AI can be used to help avoid forming contrails, which account for roughly 35% of aviation’s global warming impact. Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”Īmerican Airlines uses Google AI to help reduce the climate impact of contrails. Former Presidents enjoy no special conditions on their federal criminal liability. “Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass. Here’s Chutkan’s already much-quoted summary of her decision: (For example, from Justice FELIX FRANKFURTER: “If one man can be allowed to determine for himself what is law, every man can. And the opinion was studded with pointed quotes about the nature of tyranny and the rule of law. This was no technical legal matter but a sweeping opinion written in language that leaned on the most sacred historical touchstones of American history: the founding ideals about the role of a king versus a president, the Federalist Papers and GEORGE WASHINGTON. ![]() 2.Ĭhutkan’s opinion is the first by a federal court to hold what probably seems obvious to most: A former president is not immune from criminal prosecution for crimes committed while serving as president. But what happens next at the appeals and Supreme Court level with respect to her decision could determine the fate of strategy No. Delay the proceedings until he wins the 2024 election and then dismisses the cases.Ĭhutkan delivered a massive blow to the first part of this strategy.Argue that he’s immune from any post-presidential accountability for his actions as president.Last night’s opinion by Judge TANYA CHUTKAN, who ruled that DONALD TRUMP is not immune from criminal prosecution, is one of those crucial turning points.įirst, recall that Trump’s general strategy across these cases is twofold: It’s worth pausing and highlighting those hinge moments in these complicated cases when they arise. With so much procedural action occurring across so many cases in so many jurisdictions, it’s often difficult to know when something truly important has happened. WHAT WILL SCOTUS DO? - The Trump trials can be confusing. An opinion from Judge Tanya Chutkan, who ruled that Donald Trump is not immune from criminal prosecution, is a crucial turning point.
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