this post was submitted on 02 Jul 2024
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Donald Trump's lawyers have asked for the former president's conviction in his hush-money criminal case to be overturned and his sentencing this month delayed, US media report.

A letter sent by Trump's lawyers to the New York judge presiding over the trial reportedly cites Monday's Supreme Court ruling that granted the former president immunity from prosecution for official actions he took while in office.

In May, Trump was convicted on 34 counts of falsifying business records. He will be sentenced on 11 July.

His team points out that he signed off the records while president in 2017, but one lawyer suggested this was unlikely to be considered an official act.

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[–] qooqie@lemmy.world 129 points 2 weeks ago (4 children)

I will be beyond furious if it gets overturned. There’s no way in hell hush money is an official act

[–] FrostyTheDoo@lemmy.world 86 points 2 weeks ago (3 children)

He wasn't even president at the time of the hush payment was he? There's no way that could be considered an official act. Unless maybe the supreme Court was full of bribable puppets, with 1/3 of them having been appointed by the convicted felon.

Oh, shit.

[–] Pistcow@lemm.ee 15 points 2 weeks ago (2 children)

The Supreme Court ruled that if a president is doing something presidential it's presumed above board and can't be questioned or used as evidence. Saying talking to Hope Hicks, his aid while in office, makes it Presidential and it need to be littigated that it wasn't. A few pieces of evidence were used while he was President and in office so he says it's presidential and he's presumed immune until otherwise proved.

This is the serious issue with the ruling. The President is responsible for the military branch so if he ordered someone assassinated by Seal Team 6 he's immune with multiple layers given by the supreme court and it have to be worked upto the Supreme court that just gave him those powers which would take years.

Democrats (Biden) wont test this theory but Trump already admited to becoming a dictator day one. Basically, a republican can never be elected aspresident, and if they do we become a fascist state.

[–] Freefall@lemmy.world 6 points 2 weeks ago (1 children)

The SCOTUS ruled the opposite of what the Constitution says is law.

[–] Pistcow@lemm.ee 2 points 2 weeks ago

I mean, that's the simplified description. I just explained the new mechanics.

[–] Zaktor@sopuli.xyz 3 points 2 weeks ago (1 children)

The President is responsible for the military branch so if he ordered someone assassinated by Seal Team 6 he’s immune with multiple layers given by the supreme court

Seal Team 6 is probably pretty squarely in the absolute immunity realm, at least if he doesn't the absolute minimum to try to say it's for national security. That's the stuff that shouldn't even be challengeable.

[–] Pistcow@lemm.ee 1 points 2 weeks ago

He can use Seal Team 6 to assassinate Joe Biden, Bernie Sander, and Chris Gaians for being threats to the nation.

President is in charge of ST6 she's immune regardless how unlawful it is and you'd have yo worm your way to the supreme court for them to say it was an unofficial duty all while using ST6 to assassinate the next layer of judges.

[–] Fades@lemmy.world 5 points 2 weeks ago

No he was not, he used campaign finances for the hush money and once he got the pres he stopped upkeeping the agreement and didn't care which provided proof that it was purely about the election and thus furthered the claim of election interference.

All of that happened before he was pres. It cannot be an official act if you weren't an official yet.

he was, yes.

[–] partial_accumen@lemmy.world 26 points 2 weeks ago (4 children)

There’s no way in hell hush money is an official act

The hush money wasn't the illegal part. It was covering up the hush money payments that was illegal and what he was convicted on.

[–] Wrench@lemmy.world 9 points 2 weeks ago (1 children)

The hush money wasn't illegal. It was the source of the money that was illegal. He illegally paid her with campaign money.

[–] Zaktor@sopuli.xyz 4 points 2 weeks ago

Other way around. It was business funds paying her, but since the payment was for a political purpose it should have been campaign funds and so it was an illegal political contribution that was then covered up (the actual crime in the end).

[–] 4am@lemm.ee 5 points 2 weeks ago

Still not an official act

[–] Fades@lemmy.world 2 points 2 weeks ago (1 children)

This is wrong too lmao. It was not about covering up the payments that caused the trouble, it's because he USED CAMPAIGN FINANCES to fund the hushmoney payments to ensure none of it reached the public before the election (hence the evidence showing he didn't give a fuck once he had the pres)

[–] Zaktor@sopuli.xyz 1 points 2 weeks ago

Other way around, it was business funds used for campaign purposes.

[–] themeatbridge@lemmy.world 1 points 2 weeks ago (1 children)

The covering up happened before he was elected. It could not be an official act.

[–] Wrench@lemmy.world 1 points 2 weeks ago

He continued to pay her after he took office. It wasn't a one time payment, apparently.

[–] dhork@lemmy.world 21 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

No, but the issue is that some of the evidence that was presented at trial came from after Trump was President, and members of his inner circle had White House roles. Under this new doctrine, simply presenting that evidence that involved White House officials would no longer be allowed, even if that evidence pointed to a crime. So the judge now has to make a determination of how much of the prosecution's case depended on that. The Judge himself may have to throw the verdict out, if too much of that seeped into the trial. It wouldn't let Trump totally off the hook, but would necessitate a new trial. Which is bullshit, because there's nothing the prosecution could have done about it. The SC changed the rules after the trial was over.

This was the very point that Amy Coney Barrett wrote about in her concurring opinion, she felt this part went too far. So this evidentiary point was really decided 5-4, and seems to be the most egregious part of it.

And now, all any corrupt President needs to do is give their corrupt friends roles in the Administration, and they can do all the crime they want, knowing that prosecutors are shielded from ever using evidence from those people in court.

[–] girlfreddy@sh.itjust.works 12 points 2 weeks ago (2 children)

As a Canadian, with whom you share the longest undefended border in the world and billions of dollars in cross-border trade, I feel bad for you all.

But I think we might have to build our own wall soon to keep this kind of shit out of Canada.

[–] dhork@lemmy.world 7 points 2 weeks ago

Hey, can you let me in? I prefer Tim Hortons coffee to Dunkin, that's gotta be worth some expedited consideration.

I was in Montréal a few years ago and thought it was awesome that Tim's served fast food Poutine.

[–] Moneo@lemmy.world 2 points 2 weeks ago

We're on the path to electing a pro-rich, anti-trans, anti-carbon tax conservative :/

[–] FartsWithAnAccent@fedia.io 10 points 2 weeks ago (1 children)

If that makes you furious, you should read about Project 2025

[–] shani66@ani.social 2 points 2 weeks ago

They genuinely want to make A Handmaid's Tale real and it's terrifying.

[–] BigMacHole@lemm.ee 66 points 2 weeks ago (8 children)

The Party of Jesus Christ just made Fucking a Porn Star behind your Pregnant Wife's back and then using your Sheep's Money to keep her quiet an OFFICIAL Act of the Presidency! And DEMOCRATS are the Swamp!

[–] circuitfarmer@lemmy.sdf.org 5 points 2 weeks ago

Trump never wanted to "drain the swamp". He wanted people to look elsewhere. He is the swamp.

[–] Fades@lemmy.world 5 points 2 weeks ago

The Federalist Society is the actual "swamp"/deepstate. Just look at them ruling from the highest bench in the nation. They are kingmakers and drain the swamp was just another projected lie.

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[–] Gerudo@lemm.ee 38 points 2 weeks ago (3 children)

Since the case was brought and tried before the ruling, how is the ruling retroactive?

[–] Treczoks@lemmy.world 53 points 2 weeks ago (2 children)

Not only that, the crime happened way before he was president.

[–] Chocrates@lemmy.world 17 points 2 weeks ago (1 children)

The Prosecutors used evidence from when Trump was in office so that makes the ruling apply. It's so dumb

[–] themeatbridge@lemmy.world 12 points 2 weeks ago (2 children)

But the evidence isn't immune.

[–] Makeitstop@lemmy.world 10 points 2 weeks ago (2 children)

The ruling wasn't just that you can't charge the president with crimes related official acts. It also said that you can't use official acts as evidence. Since the case included evidence from the time when Trump was president, they want it thrown out because apparently that shouldn't be admissible because fuck you.

[–] FlyingSquid@lemmy.world 10 points 2 weeks ago (1 children)

I can't wait to see how none of this applies to Biden.

[–] TokenBoomer@lemmy.world 3 points 2 weeks ago (1 children)

JD Vance has already said immunity doesn’t apply to Biden.

[–] FlyingSquid@lemmy.world 2 points 2 weeks ago
[–] Zannsolo@lemmy.world 3 points 2 weeks ago

Doesn't seem like an official act to me

[–] Wrench@lemmy.world 3 points 2 weeks ago

But I believe the concern, and the entire reason prosecutors are allowing the delay, is that all evidence from the time Trump was president has become "privileged" and now may need to be individually approved as admissible.

This evidence was signing hush money checks while he was president, apparently.

[–] foggy@lemmy.world 6 points 2 weeks ago (1 children)

And is in now way official business...

[–] anon_8675309@lemmy.world 5 points 2 weeks ago

But that’s the kicker. SCOTUS, ultimately, gets to decide what is official and what is not.

[–] tiefling@lemmy.blahaj.zone 10 points 2 weeks ago (1 children)

So you think SCROTUS gives a single fuck? They start with a ruling first then work backwards to justify it.

[–] Phoonzang@lemmy.world 1 points 2 weeks ago

"All the riches of these lands are mine, all of Gastown is MINE!" Scabrous Scrotus, yeah, sounds about right.

[–] SeattleRain@lemmy.world 1 points 2 weeks ago

Because he was running for President. Can't be President unless you run so that counts as an official act too.

[–] zabadoh@ani.social 26 points 2 weeks ago (3 children)

I hate to say this, but the only way to save US democracy is for Biden to use this new "absolute immunity" to arrest or assassinate the SCOTUS and DJT and other enemies of pluralistic democracy.

I doubt that DJT and his allies would hesitate to do the same to their perceived "enemies"

[–] brachiosaurus@sh.itjust.works 17 points 2 weeks ago

This did not work out for the Roman Republic when Sulla did it. All it did was pave the way for Julius and Octavian to do it again later

[–] Zaktor@sopuli.xyz 9 points 2 weeks ago

He already wanted the National Guard to shoot BLM protesters. That seems like a pretty immune act in this ruling. Get some 18 year old conservative shithead guardsman pulled in from bumfuck county to the godless city to pull the trigger and start the shooting and he's all good.

[–] TokenBoomer@lemmy.world 1 points 2 weeks ago

That is correct.👍

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