#SCOTUS is supposed to rule this morning on #Trump’s claim that he is immune from prosecution on charges of trying to overturn the 2020 election.
The decision will determine whether & how special counsel #JackSmith’s case against Trump can proceed — although it’s unlikely a trial would happen before #Election Day. But the ruling could also set an important #precedent for how to prosecute presidents for their actions in office.
Some justices suggested during oral arguments that they were taking a sweeping approach to the case. “We are writing a rule for the ages,” Justice #Gorsuch said. #Trump is facing 4 charges stemming from his attempts to overturn #Biden’s victory in the #2020election, the most serious of which carries a max of 20 yrs in #prison. The case has been on hold while #SCOTUSconsiders Trump’s argument that presidents are immune from prosecution for official acts they take while in office.
“Never in the history of our Republic has a President had reason to believe that he would be #immune from #criminal prosecution if he used the trappings of his office to violate the criminal #law. Moving forward, however, all former Presidents will be cloaked in such #immunity.
…if the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our #democracy, I dissent."
This is the #Scotus headline at talkingpointsmemo.com. I don't know why it isn't the headline at the NY Times and the Washington Post and everywhere else. It’s certainly accurate. The Supreme Court is granting itself powers not anticipated by the framers, who thought Congress and the executive branch had a role to play.
Third and not last, Roberts has the 6-3 decision in SEC v. Jarkesy, affirming the Fifth Circuit on the Seventh Amendment jury trial issue. The court does not reach the other issues. Sotomayor has the liberals' dissent. https://www.supremecourt.gov/opinions/23pdf/22-859_1924.pdf
Sotomayor is reading from her dissent in Jarkesy. #SCOTUS
A likely outcome is that the executive agencies, including the SEC, is just going to stop bringing enforcement actions. They don't have the resources to bring everybody to trial. So people are just going to get away with financial fraud... which, again, is what Republicans want.