I Think This Is Right

Wow. SCOTUS just killed the DC case, more or less.

They've sent it back to Chutkan to do a fact-based inquiry into whether certain official acts retain immunity protection or if the rebuttable presumption can be overturned.

Any adverse ruling will be appealed and trial…

— Bradley P. Moss (@BradMossEsq) July 1, 2024

But the case persists if Biden wins. And things get worse when Trump can’t fundraise for re-election (he already owes New York almost everything he owns).

The real question is, whether the Court ultimately lets this case proceed at all.

For all the conservatives cheering the SCOTUS decision, I would likely to remind you Joe Biden is currently president and now has SCOTUS case law outlining just how much he can do with impunity to prevent Trump from winning.

— Bradley P. Moss (@BradMossEsq) July 1, 2024

Well, duh, a Democrat can’t do it, but a Republican can!

The Supreme Court just gave Biden unequivocal immunity to order the military to take action against Trump.

Today. Right now.

— Bradley P. Moss (@BradMossEsq) July 1, 2024

Let the courts sort it out. Three or four years from now.

Dear President Biden -

I am authoring a memo outlining everything you can now do with impunity or, at a minimum, the presumption of impunity.

— Bradley P. Moss (@BradMossEsq) July 1, 2024

Kill ‘em all, let the courts sort ‘em out. That’s the power the Court wanted, isn’t it?

The Supreme Court just ruled that a president can have the military execute them and the president is immune from prosecution for it.

— Bradley P. Moss (@BradMossEsq) July 1, 2024

This is the problem with the Court establishing itself as a super-legislature. Well, one of the problems.

A president can choose to nuke American cities filled with his political opponents and retain immunity from prosecution.

— Bradley P. Moss (@BradMossEsq) July 1, 2024

And if you’re Trump, presumably from political repercussions.

Thought experiment: if a POTUS suspends the Constitution and declares martial law, will it take the courts 4 years to decide whether POTUS has immunity from such actions? (I know in this scenario the courts are suspended, too. But does this ruling make that scenario more conceivable?)

Election 2024 - do you want to risk living in a military dictatorship or not?

— Bradley P. Moss (@BradMossEsq) July 1, 2024

On the political side, I really don’t think this is good for Trump.

Dems should do two things to make the future of democracy a central feature of the choice in November.

Biden should issue an EO stating that his Administration does not believe it can rely upon the scope of immunity conferred on it by SCOTUS and accordingly will not take that…

— Bradley P. Moss (@BradMossEsq) July 1, 2024

Good suggestions. Gotta play the politics of this.

According to the Supreme Court, President Biden can deploy the military against Senator Tuberville and can never be prosecuted for it. https://t.co/aLPLjTXNhn

— Bradley P. Moss (@BradMossEsq) July 1, 2024

When that reality catches up to perception, expect a lot of support for a Constitutional amendment.

As I read it, yes, Nixon was absolutely immune. https://t.co/ZoJcBjC4PQ

— Bradley P. Moss (@BradMossEsq) July 1, 2024

Let that sink in.