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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 most destabilizing act in recent years was Attorney General Garland's decision to criminally prosecute a former president based on questionable facts and untested legal theories. This unprecedented move occurred after the former president announced his candidacy against Garland's boss. Such actions could encourage ambitious prosecutors to target political opponents, potentially leading to charges against President Biden's associates. It's crucial to identify and remove those who misuse their power while promoting fairness and evidence-based actions. The focus should be on restoring legitimacy to the Department of Justice and resisting the temptation for retaliatory measures.

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President Trump is correct that the immunity decision would help President Obama. However, it doesn't help him with impeachment. The Democratic Party and House managers in the second impeachment trial argued that a former president is still subject to impeachment after leaving office. This means figures like Lincoln or George Washington could be impeached. As predicted, this could backfire, as President Obama could be impeached if certain evidence holds true. Impeachment could strip Obama of immunity because, according to the Democrats' argument based on Article One Section Three Clause Seven of the Constitution, it bars one from holding further office while still being subject to criminal prosecution or indictment.

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Speaker 0 and Speaker 1 discuss the scope of executive power and the president’s duties under the Constitution. - They begin with the question: does the president have a duty to faithfully execute all the laws? Speaker 1 responds: no, in the sense that there isn’t plenary power to directly enforce every provision; there are two questions, and the president does not have to be vested with unilateral authority to enforce directly. He cannot break the law, but not every law must be personally and directly executed by him. - On the duty to faithfully execute, Speaker 1 emphasizes there is a duty and a power in the take care clause, but the clause’s text does not grant at-will presidential authority over all enforcement. The president does not require plenary power of supervision for all actions, though there is some supervisory authority in specific contexts. - Regarding the FTC, Speaker 1 notes the president does have some power of supervision, including the ability to fire a commissioner for demonstrable, palpable violations of law, under the relevant statute. This supports the view that direct, personal enforcement is not uniformly required, but supervisory/remedial actions exist in certain agencies. - They discuss whether the government must report to the president for misdemeanors but not for civil penalties or injunctions, and the exact scope of the court’s holding in Trump v. United States. Speaker 0 probes the theory that their discussion builds on two words from Trump v. United States to offer a broader gloss, potentially drawing on Humphrey’s Executor to argue for a revised constitutional structure without a fourth quasi-branch of government. - Speaker 1 clarifies their theory references Marbury v. Madison (citing it for the distinction between powers vested in the president and executive power in the constitutional sense) and notes Marbury discusses removability of federal offices. They contend Humphreys is not the sole basis; rather, the tradition of executive power and constitutional vesting informs their view. - The conversation turns to the potential risks of adopting this theory: how to decide which powers are exclusive and what fallout might occur. Speaker 1 argues the modern era has seen a stable tradition of independent agencies, with little precedent striking them down, and from 1935 to 2025 there has been unanimity in upholding traditional independent agencies. - Speaker 0 notes that litigation over Humphreys has occurred, and while the court often cites Humphreys as a strong decision, separation-of-powers disputes will persist. Speaker 1 agrees there will always be litigation, but emphasizes that precedents affirming Congress’s authority to create and sustain traditional independent agencies have not generated significant problems. - In closing, Speaker 1 asserts that the court’s precedence supporting Congress’s cooperation with presidents to create traditional independent agencies remains durable and non-problematic. Both acknowledge ongoing litigation and debate in separation-of-powers issues, but view traditional independent agencies as stable within the current framework.

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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 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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We need more people like you in Washington, not the current politicians. Many Republicans missed the chance in 2022. I'm willing to go to prison to defend the constitutional separation of powers. This case could set a precedent on whether Congress can use subpoena power against a president. Executive privilege is crucial for presidents to receive confidential advice. The J Six committee is undermining this privilege. If I lose my appeal, executive privilege will be weakened. A president needs the ability to act on both sides.

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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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The president may have immunity if he orders an assassination of a rival, as it could be considered an official act done for personal reasons.

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If an attorney general is influenced by the president to open investigations on political opponents, it can be damaging even without finding any wrongdoing. The mere existence of an investigation can harm a person's reputation and democracy as a whole.

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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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Today is a bad day for American politics. The charges against Trump are ridiculous and set a dangerous precedent. Any prosecutor can now go after someone in the other party without consequences. This new normal allows manipulation of the law to take someone down. The charges are based on a misdemeanor with an expired statute of limitation, linked to a federal charge that the government chose not to pursue. It's political, but it's more than that. It's poison to our country and will permanently change politics in America. We will regret this day for a very long time.

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Rudy Giuliani has suggested the possibility of pardoning himself, claiming he has that authority, though it hasn't been tested in court. This raises concerns about the precedent it sets and how it affects perceptions of justice in the nation. The justice department will operate independently, and I won't dictate their actions or prosecutions. The people I appoint to lead the department will have the autonomy to make decisions on prosecutions. In our administration, we will not adopt a similar approach to pardons.

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I didn't take a salary and worked hard, doing a phenomenal job for the country. It's concerning that they would indict their political opponent, setting a dangerous precedent. Crooked Joe and his thugs are desperate to stop me because I disrupted everything in my first term. This second term, which we're currently in, is a disaster for the country. There has never been a president like this.

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There is a potential constitutional crisis involving the judicial branch overriding the legislative and executive branches. 15 district judges seized control of executive branch duties via nationwide injunctions in the current presidency's first six weeks, potentially a judicial coup d'etat. In the past, President Jefferson and Congress abolished courts via the Judiciary Act of 1802. From 2001 to 2023, district courts ordered 96 nationwide injunctions, with 64 during President Trump's time in office. 92% of injunctions against President Trump were issued by judges appointed by Democratic presidents. Since 01/20/2025, lower courts have imposed 15 nationwide injunctions against the current Trump administration, compared to six during George W. Bush's eight years, twelve during Barack Obama's eight years, and 14 during Joe Biden's four year term. The courts have often been challenged, as seen with Presidents Jefferson, Jackson, and Lincoln. The legislative and executive branches can defend their rights, as the Judiciary Act of 1802 proves. The Supreme Court could intervene by suspending nationwide injunctions and immediately taking them up. Congress and the President can take steps to bring the judiciary back into a constitutional framework through hearings and legislation like the "No Road Rulings Act."

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According to Speaker 0, Article Two of the Constitution vests executive power in the President, meaning the President defines the executive branch. Speaker 0 believes the proposed amendment violates the separation of powers and Article Two because it implies a federal court could define or limit the duties of individuals within the President's executive office. Speaker 1 asks if the bill codifies Article Two to remind the court of its limitations, and if the amendment would undo that. Speaker 0 confirms this interpretation. Speaker 1 suggests that without such a bill, a president would have to answer claims in multiple places across 50 states, potentially using nonofficial funds. Speaker 0 agrees, citing the use of courts for "nefarious purposes" since 2017 and the weaponization of "lawfare" against President Trump, arguing the president alone defines the duties of personnel within the executive office.

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Issuing blanket pardons on the eve of leaving office is unnecessary and unwise. It sets a dangerous precedent, allowing outgoing presidents to pardon individuals from their party or administration, which could lead to a disregard for the law. This practice could encourage a belief that one can evade accountability due to potential pardons. Therefore, I urge the president not to pursue this course of action.

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I've put an end to the weaponization of government. A prime example of this was when a sitting president was allowed to viciously prosecute a political opponent, like myself. But how did that turn out? Not too good. Not too good at all.

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Have you ever heard of someone innocent receiving a preemptive pardon? It's typically reserved for those close to the president, like family or associates. Seeking such pardons raises questions about guilt; if someone is innocent, why would they need one? Preemptive pardons suggest that crimes may have been committed, even if not publicly known. If the president issues these pardons, it may be framed as protecting his family from external threats. The obsession with pardons indicates concern over potential criminal culpability. The idea of a permanent pardon raises further questions about accountability. If figures like Rudy Giuliani receive pardons, many would interpret that as an admission of guilt, questioning the necessity of such actions if there were no wrongdoing.

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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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The president of the United States is the leader and takes an oath of office to protect the Constitution. While there are three coequal branches of government, the president holds a unique responsibility for national security. This is why the president has the authority to act and make difficult decisions, like previous presidents such as Abraham Lincoln and George Washington. Donald Trump currently faces such a moment in history, standing alone in his position.

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The transcript captures a short, informal discussion about Donald Trump’s handling of the Epstein files and the broader question of whether presidents protect rich and powerful people at the expense of victims in sex-crime cases. The dialogue unfolds between Speaker 0 and Speaker 1, with a recent history/politics flavor and an on-the-record moment later in the exchange. Speaker 0 begins by asking Speaker 1 how Trump fought to avoid releasing the Epstein files, noting that Trump initially indicated a release but then reversed course. Speaker 1 responds noncommittally, suggesting that Trump “probably” had friends who were involved and that Trump “saved them” from trouble. The question is framed as whether this constitutes presidential conduct—protecting powerful people rather than victims. Speaker 0 presses further, asking if protecting rich and powerful people over sex-crime victims is appropriate for a president, and whether such behavior is common in presidential history. Speaker 1 counters by pointing to historical examples, stating that many presidents have favored their friends and families, adding that while JFK’s affairs were noted, he claims Kennedy “got caught,” implying possible crimes. Speaker 0 acknowledges Kennedy’s infidelity but questions whether there were crimes, while Speaker 1 reiterates the point that Kennedy “got caught,” and asserts that such behavior is not becoming of a United States president. The conversation shifts toward evaluating current leadership: Speaker 0 asks whether Speaker 1 agrees with Trump’s protection of powerful individuals at the expense of crime victims. Speaker 1 answers, “All depends on who the powerful people are,” suggesting a conditional view rather than a blanket condemnation or approval. The discussion then veers to the expectation that a president should serve all Americans, not just the wealthy, and Speaker 0 reiterates the moral question. Speaker 1, initially evasive about personal details, asserts that they are a state representative and holds a badge, claiming to work for their country. The exchange ends with a sense of irony in the narrator’s commentary: the “moral of the story” being that it’s acceptable for Donald Trump to protect rich and powerful men because he himself is rich and powerful, effectively equating protection of the powerful with personal parity. Overall, the transcript presents a back-and-forth debate about why presidents might shield powerful individuals, how historical precedents factor into current judgments, and whether leadership should be equally accountable to all segments of society, ending with a skeptical, wrap-up sentiment about the perceived fairness of such protections.

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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.

Shawn Ryan Show

Tim Parlatore - United States v. Donald J. Trump | SRS #89
Guests: Tim Parlatore, Eddie Gallagher, Donald Trump, Mike Pence, Fani Willis
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Tim Parlatore, a former attorney for Donald Trump, discusses the complexities of Trump's 91 felony indictments across four jurisdictions: Washington, D.C. (4 charges), Georgia (13 charges), Florida (40 charges), and New York (34 charges). Parlatore left the legal team due to outside influences that hindered his ability to defend Trump effectively. He highlights the challenges of working with a team that included Boris Epstein, who lacked courtroom experience but had significant influence over legal strategies. Parlatore emphasizes that the indictments stem from allegations of election interference and conspiracy, particularly concerning the January 6 insurrection. He argues that the legal theories behind the charges are flawed and that the investigations were politically motivated. He believes that the prosecution's approach could undermine the integrity of the legal process, as many witnesses may invoke their Fifth Amendment rights due to the expansive nature of the Georgia indictment. He also addresses the controversial phone call between Trump and Georgia Secretary of State Brad Raffensperger, asserting that Trump’s request to "find 11,780 votes" was misinterpreted without considering the full context of the conversation. Parlatore expresses concern over the political motivations behind the prosecutions, particularly from figures like Fani Willis, who campaigned on the promise to indict Trump. Overall, Parlatore maintains that the indictments are unprecedented and raise significant questions about political interference in the legal system, warning that such actions could set a dangerous precedent for future political prosecutions.
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