Scalia's argument was that...
...morality can, does and should play a role in legislation. If one argues that banning gay marriage can't be legal because moral values must play no role in legislation, then on what grounds could legislation ban or promote anything?
Trump's appeal isn't that presidents are immune from everything. Obviously, if a president murdered his wife while in office, he could be prosecuted for murder, as that crime would in no way, shape or form be related to the office of the presidency.
One of Trump's defenses against the fake charges lodged against him in the DC case is that he was simply performing the duties of and acting under the auspices of the office of the presidency when the actions in question took place. As such, he should have immunity from prosecution, not only for Constitutional reasons, but also for practical reasons. This question has never been addressed by any court for criminal matters, although it has for civll matters.
A jury cannot decide this question. It must be decided by the courts prior to any prosecution proceeding. I don't want to harp on a single line of questioning from one judge trying to distract from the serious argument at hand with a stupid question. I used it to answer a question posed to me as an example of the star chamber nature of this case. The larger point was that the outcome of this appeal was never in doubt due to the make-up of the court itself. The outcome of the appeal to SCOTUS is less certain.
[Post edited by Los Angeles Hoo at 02/06/2024 12:10PM]
|
(
In response to this post by KaHOOnah)
Posted: 02/06/2024 at 12:06PM