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Trump and his lawyers seem to forget that they are not yet the president. If the Supreme Court grants the president complete immunity from prosecution, what would stop the actual president, Joe Biden, from launching a preemptive strike on Mar-a-Lago to engineer regime change? However, I don't believe Biden has the authority to attack his political rival, as it would violate Pazzi Conicatus and murder laws. If Biden were to do so, he would likely face prosecution. Trump and his supporters fail to understand that the powers he claims for himself would also apply to future presidents.

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The speaker discusses the absurdity of allegations that former President Obama interfered in the 2016 election, which have been dismissed by Republican committees and Attorney General Barr. He emphasizes the importance of keeping the criminal justice system, intelligence system, and military free from political influence as a foundation of democracy. Obama criticizes Trump's claims as undermining this principle.

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The Department of Justice may indict Donald Trump the day he leaves office. I strongly support indicting a president after they leave office. Threatening political opponents with jail time is unacceptable presidential behavior in a democracy.

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Impeachment should be considered to check judicial activism. Congress should educate Americans about impeachment and how it was created to check judicial activism, because the founders were concerned about the judiciary exercising powers outside the Constitution, leading to judicial tyranny. Judicial tyranny is when judges usurp the power of the executive and legislative branches, which guarantees self-government. Judicial activism is an abuse of power, and impeachment is a potential check.

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The speaker criticizes the Supreme Court's decision that a president is immune from prosecution while in office, suggesting Joe Biden should have Donald Trump killed to prevent him from running for reelection. The speaker sarcastically suggests that since the Supreme Court said a president is above the law, Biden could shoot Trump on 5th Street to win the election.

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The DOJ is moving to end cases against Donald Trump before he takes office, citing a policy that prevents prosecuting sitting presidents. There was speculation that special counsel Jack Smith would push to complete the cases, but the DOJ believes there’s no chance for trial before Trump’s inauguration. Legal complexities and appeals make it unlikely these cases can proceed. Trump’s lawyers may have influenced this decision by requesting the cases be dropped. While there are ongoing appeals related to the classified documents case involving other defendants, Trump himself will not be part of these proceedings. This means he likely won't face accountability for serious federal charges, leaving unresolved questions about his potential guilt.

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The president appears focused on self-interest and grievances as his term nears its end. He is reportedly inquiring about the possibility of issuing preemptive pardons for himself, his family, and Rudy Giuliani. The clear answer is no; this would constitute a serious misuse of presidential pardon power.

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If Trump wins, DOJ won't stop ongoing cases. Cases in Florida and DC could continue until January if Trump is reelected. Garland would still lead DOJ for a while after inauguration. Trump is using the Supreme Court decision on presidential immunity to delay his sentencing in New York until September. Uncertain how things will unfold in the coming months.

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The nation cannot move forward unless senior people are held accountable, starting with Obama. While a former president may not be imprisoned, John Brennan, Jim Clapper, and Susan Rice should be questioned under oath about who directed them, with the threat of prison for treason. Treason is the only thing that cannot overcome a pardon. The speaker claims the outgoing Obama administration committed treason through a conspiracy to undermine a duly elected president, which hasn't stopped. Mueller and Weisman would have charged the speaker with treason if it were true. The speaker claims treason was committed against him, as a national security advisor, by the outgoing administration.

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You can lose your job as a public official without being convicted of a crime in our constitutional republic. Impeachment is not punishment, but a way to cleanse and restore honor and integrity to the office.

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Donald Trump's questioning of his attorney is not a crime, as it is allowed. The documents being discussed are photocopies generated by computers, not the only copies. The president still holds the same security clearances as when he was in office, unlike the vice president.

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Some Democratic members of Congress are preparing for the possibility of litigation. They're considering if they have the best teams possible to carry out their work. Some Republicans may say that Democrats are weaponizing the Justice Department, citing Trump's trial as an example. But in the United States, we are judged by a jury of our peers. Trump was found guilty in court on 34 felony charges. It's hard to make a partisan argument against that.

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The president's lawyers are arguing in court about whether he can be charged for inciting an insurrection. They are using examples of previous presidents, such as George W. Bush and Barack Obama, to question if they could be prosecuted after their presidency. The lawyers claim that Bush lied about going to war with Iraq, while Obama's killing of an American citizen by drone is also brought up. These arguments are being presented in front of a three-judge panel in the DC appeals court. The court has not answered this question before, and it could potentially reach the Supreme Court in the future.

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The special counsel did not charge President Biden with a crime, citing his failing memory. This report highlights a double standard, as President Trump is facing charges for the same offense. The Democratic party is trying to convict and imprison Trump to prevent his re-election, which is what you would expect in countries like Pakistan or Brazil, not in the United States.

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President Trump is being indicted for taking items from the White House when he left office. The Presidential Records Act allows presidents to take whatever they want when they leave office, and it becomes their personal property. The indictment mentions President Trump discussing options with his lawyer, but attorney-client privilege doesn't apply because of a crime fraud exception. This sets a precedent that anyone charged with a crime or even with a lawyer can't discuss options.

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The executive power is vested in the President of the United States, as stated in Article Two of the Constitution. No court can assume that role or define the duties of those in the executive office. This amendment violates the separation of powers and Article Two, implying a federal court could limit the duties of individuals within the President's office, which isn't their role. Without action, presidents face numerous claims across multiple states, potentially using non-official funds to respond. Since 2017, courts have been used nefariously. Lawfare has been weaponized against President Trump, even after his presidency. The President defines the duties of personnel within the office, as clearly stated in Article Two.

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Some Democrats in Congress are pushing legislation called the "Disgrace Act," sponsored by Representative Benny Thompson, that would strip President Trump of his Secret Service protection. The claim is that Democrats argue a "disgraced convicted felon" who may be imprisoned shouldn't have the same protections as other former presidents. This is allegedly a calculated plan to dehumanize Trump after branding him a felon. The speaker asserts that Democrats are willing to jeopardize Trump's life to remove the possibility of him being re-elected. They believe Democrats are terrified of losing power and will do anything to stop people from voting for Trump.

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Chuck Schumer and Senate Democrats are introducing legislation to reverse a Supreme Court decision on presidential immunity. Mike Davis criticizes Schumer's move, stating it cannot change the constitution and could put Biden and Obama at risk of prosecution. Schumer's legislation would also limit the Supreme Court's jurisdiction, which Davis calls unconstitutional. The discussion highlights concerns over potential political overreach and attacks on the Supreme Court.

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It is unknown if lawsuits against Donald Trump will lead to impeachment. Trump has come close to criminality, and the greatest risk to him is Special Counsel Bob Mueller. The risk is that Trump obstructed justice by firing Comey with corrupt motives after Comey refused to drop the Flynn investigation. There is disagreement over whether Mueller can pursue criminal charges against Trump. The DOJ and president's lawyers historically take the position that a president cannot be criminally charged. It is an unsettled question that could end up in the Supreme Court. At a minimum, Mueller can charge Trump as an unindicted co-conspirator and seek permission from the grand jury to issue a report to Congress of the illegal conduct.

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For 234 years, no president was prosecuted for official acts, as an energetic executive was seen as crucial for liberty. Charging a president post-office could lead to blackmail and distort decision-making. The court's decision has broader implications, questioning if past presidents could have been prosecuted. Prosecuting a president for official acts is not historical or traditional and clashes with the constitution's structure.

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"58 house Democrats have recently voted to advance articles of impeachment." "Impeach him first and then indict him." "Yes. The president, a sitting president, can be indicted." "On the day Donald Trump leaves office, the justice department may indict him." "It's clear that Trump is the target, and he'll be indicted eventually." "The only thing worse than indicting him would be not indicting him." "Merrick Garland, if you indict Trump, you'll be my person of the year of the decade." "There should be no case in which they wouldn't indict." "The only reasons Trump hasn't been indicted by now is because he's a former president and because he has handpicked judges on his side."

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The Supreme Court will hear arguments in April about a case involving presidential immunity. There is speculation that if the case is not resolved before the election, it could benefit Trump. Some believe conservative justices may delay the case to help him. Biden could potentially use this immunity to dismiss debts or take extreme actions. The quick resolution of the Bush v Gore case is referenced as a comparison.

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The speaker discusses how the justice department's goal is to go after President Trump by using convictions from the January 6th cases to invoke section 3 of the 14th amendment. However, there are several reasons why this is not applicable. Firstly, the 14th amendment was written for Confederates in the Civil War and does not apply to modern-day situations. Secondly, the text of the 14th amendment explicitly states that it can only be enforced by Congress, not state courts. Additionally, the amendment does not apply to the presidency itself. It would also create practical issues if local courts were able to enforce it. Furthermore, there is no evidence of an insurrection on January 6th, and this has already been litigated in Congress during the second impeachment trial. Finally, there are First Amendment concerns as the conduct in question relates to political speech.

Uncommon Knowledge

Donald Trump and The Supreme Court | Uncommon Knowledge

Guests: Richard Epstein, John Yoo

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The Supreme Court is set to rule on three significant cases involving Donald Trump, including the Colorado Supreme Court's decision to remove his name from the primary ballot based on claims of insurrection related to January 6, 2021. Richard Epstein and John Yoo discuss the implications of this ruling, with Yoo suggesting that the Supreme Court will likely overturn Colorado's decision, emphasizing the need for a uniform interpretation of the 14th Amendment across states. They argue that the amendment does not explicitly disqualify a president and that allowing states to set their own standards could lead to chaos. The conversation shifts to Trump's legal challenges, including his claim of presidential immunity against prosecution for actions taken while in office. Yoo believes Trump's immunity claim is weak and primarily a delaying tactic, while Epstein raises concerns about the implications of prosecuting a former president. They also discuss the use of the Sarbanes-Oxley Act in prosecuting January 6 participants, arguing that it misapplies a statute intended for white-collar crime. The hosts conclude by reflecting on the broader political implications of these cases, suggesting that the ongoing legal battles against Trump may be politically motivated and could lead to a backlash among voters. They express concerns about the state of American democracy and the potential for future political prosecutions.

The Megyn Kelly Show

Could Kamala Replace Biden, and False Media Narratives on Immunity, w/ Mike Davis and Andrew Klavan

Guests: Mike Davis, Andrew Klavan

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Megyn Kelly discusses the Supreme Court's recent ruling on presidential immunity, which she describes as a significant decision that has caused a backlash from the left, particularly concerning Donald Trump. Mike Davis from the Article 3 Project explains that the ruling was predictable and necessary to protect the Constitution and the presidency. He argues that if presidents were not immune from prosecution for their official acts, it could lead to political weaponization of the Justice Department against former presidents, including potential prosecutions of Obama and Biden. Davis emphasizes that the ruling establishes a presumption of immunity for presidents regarding their official conduct, which can only be challenged under specific circumstances. He also addresses concerns raised by the left about the implications of the ruling, asserting that it prevents a dangerous precedent where presidents could be criminally prosecuted for their actions while in office. The conversation shifts to the political landscape, with Kelly and Davis discussing President Biden's response to the ruling and the potential fallout within the Democratic Party. They note that Biden's cognitive abilities have come under scrutiny, with reports of his declining health and performance in public appearances. Andrew Klavan joins the discussion, highlighting the fractures within the Democratic establishment regarding Biden's viability as a candidate. The hosts reflect on the implications of the ruling for ongoing legal challenges against Trump, suggesting that it could undermine cases related to January 6th and other prosecutions. They conclude that the political dynamics are shifting, with potential candidates like Gretchen Whitmer and Andy Beshear emerging as alternatives to Biden, while the party grapples with its identity and future direction.