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LimitedSwimmer t1_j6ndo3j wrote

Seems like a bunch of these cases were waiting for Trump to not be covered by the RNC.

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InsuranceToTheRescue t1_j6nq0b6 wrote

Also waiting for him to not have the protection of the DOJ & the US government. A lot of conservative legal theories basically believe that the President is immune to legal challenges, both personal and public, and that nothing the President does can be construed as illegal.

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Use_this_1 t1_j6nqa38 wrote

Unless he's a democrat then lock him up.

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InsuranceToTheRescue t1_j6o5gfx wrote

Whether Drumpf was a Democrat or Republican, he should be locked up.

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HiImDan t1_j6ota94 wrote

Well he did say to take away the guns first and ask questions later. He also "created" the vaccine and is pushing it which isn't very republican.

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St1834 t1_j6ogx97 wrote

It's that presidents can't be prosecuted while in office and it's not a conservative legal theory. It's a pretty cut and dry 101 thing. Federal prosecutions are conducted by the executive branch. The president is irrevocably at the head of the executive branch. While lower authorities like the Attorney General can recuse themselves because everyone is ultimately under the authority of the president, the president can't recuse themselves. There's no one to recuse to. And you can't be at the head of your own prosecution. That's a fundamental fact that applies to everyone.

The real question is, why do people think it's such a great idea for a President to be prosecuted by their own DOJ? This was always so weird to me, when people would lay out the case for Trump to go to jail. He's corrupt, he's a liar, he abuses power...so let's have the people under his authority prosecute him?

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Hundertwasserinsel t1_j6oqjq1 wrote

We have the entire process of impeachment for indictment of gov officials.

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St1834 t1_j6osamy wrote

Exactly. Going back to Hamilton in the Federalist Papers, you should impeach and remove the President from office before pursuing prosecution.

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thatnameagain t1_j6o5o1e wrote

The president is Joe Biden.

There aren’t really any active theories at the DOJ that the president can’t do anything illegal, which is why there have been numerous criminal investigations into presidents like Clinton and Trump while they were in office. I think you were referring to the legal memo at DOJ that recommends against indicting a sitting president.

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notnickthrowaway t1_j6p1di1 wrote

>There aren’t really any active theories at the DOJ that the president can’t do anything illegal

Well, not currently, now that Barr’s gone and a Dem is president…

https://historynewsnetwork.org/article/172098

https://www.thebulwark.com/william-barrs-dangerous-affection-for-the-imperial-presidency/

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thatnameagain t1_j6p4j9e wrote

Barr wasn't adhering to any legal theories in the defense of Trump, he was just defending Trump from justice because he had personal interest in doing so.

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Darkframemaster43 t1_j6nty4r wrote

Except in this case, Biden's DOJ did try to re-open the issue and immediately concluded the case wasn't worth pursuing, probably because the last time such a case went to court, the defendant (John Edwards) won.

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