Presidential absolute immunity granted by the Supreme Court only applies to official executive functions, not to actions taken in a personal capacity; when a president sues or is sued as an individual rather than as the commander-in-chief, they are not protected by immunity and remain subject to legal consequences including fraud charges.
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Trump Accidentally WAIVES his OWN IMMUNITY as CASE BACKFIRES!!本站添加:
Donald Trump destroying the absolute immunity that the Supreme Court corruptly gave him a few years back in that horrible decision. Right? The absolute immunity that Trump is able to claim, although we all don't think he should have been able to been given those powers by the Supreme Court, are things connected to his executive functions. Even things that may be on the outer perimeter, but once they get past that outer perimeter, he doesn't have absolute immunity. You want me to tell you what's outside that outer perimeter? Easy. when he brings cases in his personal capacity, not as his official capacity, he's not acting in the executive branch. He's acting in his personal capacity. And when you look at some of the rulings that were made in those January 6th insurrection case that were brought against Donald Trump, the reason that those cases didn't get dismissed on absolute immunity grounds is because they were saying it was campaign functions. That wasn't you acting as the president of the United States. you were acting in a campaign function. So when Donald Trump sues for10 billion dollars personally and from the Trump organization and from Trump family members against the IRS and the Treasury Department, his very argument about why it is a case and controversy in the first place, although we know it's absolutely a collusive arrangement, has to be that I'm acting in my personal capacity. I'm brought in in my personal capacity, not as the commanderin-chief, not as exe faithfully executing my article to functions. And so now we all know that Judge Kathleen Williams, you saw the report that we previously did, is essentially launching an inquiry at the request of 35 retired federal judges who filed a rule 60 motion to reopen the case into the collusive, fraudulent, improper, perhaps even perhaps even to give you my opinion protected by the first amendment, perhaps even criminal nature of what went down and Donald Trump in actions there too. He can claim I'm the president of the United States. Well, that becomes an admission of the collusiveness and of the problem to begin with. when you if you admit that and obviously he filed it in his individual capacity and so what it is is this is how I think it will be framed eventually is that an individual sure he's also wears the hat as commander-in-chief unfortunately but in an individual capacity entered into an agreement using the court as basically the getaway car to to try to defraud the court to steal $1.8 billion dollar from taxpayer money to push it to uh special interest of the individual Trump, not the president because remember he brought it as an individual and then wave all of his tax liability that he has individually with a waiver of all audits and claims that could be brought against him. I want to bring in Harry Litman from the Talking Feds YouTube channel, Substack and Podcast, because Harry, I know we've been slicing and dicing and others have that decision. But to me, some broader implications here is that it's Trump organization. It's Trump the individual.
It's Trump saying me personally stepped in. And when you do that, what's he going to say? I'm too busy now as the president of the United States, so you can't depose me. You can't bring me in.
I'm too Well, sorry. You didn't bring that as the president. You brought it January 2026 as Trump the individual.
And any of the consequences that flow are Trump the individual. You're no different now than anybody else. And so this is to me just like Harry when the uh DC circuit looked at those J6 cases and said he says you filed it as an individual in your campaign, not as the executive branch. It's the same thing here. And I think this is one we should follow all of these, but this one's got legs in a way that others should have legs, but this one really, really does.
>> I mean, it's got it all, and it does have legs. I agree. And your basic point is very sound, Ben. Look, we all think that the uh Supreme Court gave Trump a get out of jail free card for everything. And God knows they gave him a very broad card, but remember it's for official acts. And even if you kind of massage it a little, things on the perimeter, evidence for it, but remember what was happening when Trump won the election. It had gone back to Judge Chutkin and the uh and Jack Smith was giving here's, you know, twothirds of my case that still survives because they're not Trump acting officially. there. He's making arguments, always does. Well, when I'm defaming Eugene Carol as president on the lawn, I'm acting as president. Or when I'm exhorting people from the ellipse to storm uh, you know, to to go to the capital, I'm acting as president here. Uh-uh. No way. It's, as you say, he Donald Trump, the citizen, sued the uh IRS, and that is no way, no.
Donald Trump as president and it couldn't be as president. Okay. So, what are the implications? You're totally right. Kathleen Williams, the judge, says, "I think there may be fraud here."
Fraud, you know, fraud's a a word and concept is crosscutting in the law. You see it for ethical sanctions before a court. You see it for civil claims. You see it for criminal claims. They each uh require something higher, but the basic idea if she finds it that you committed fraud, there's there's consequences potentially. Now, I don't see this, especially with this DOJ uh resulting in criminal charges, but that's not because of the immunity case. And as you say, what if if Trump is a party to a fraud, he doesn't get out of whatever those consequences might be because he happens to be commanderin-chief. This is if anything is him and his personal capacity, it's this and remember the Supreme Court held in the Bill Clinton v. Jones case if it's a civil case uh and people want to depose you and bring it etc. If if this becomes that sort of thing he doesn't get out of it just because he's president. So again, you know, fraud is fraud is fraud is fraud depending on the context, but this is the paradigm for the sort of thing. He can't play the get out of jail free card that the Supreme Court gave him in Trump versus USA. Now, the immediate focus of Judge Williams order is his lawyers.
Whoever signed the piece of paper saying, "I want to voluntarily dismiss."
But obviously Trump is very implicated there and you know he doesn't get to get to say well I'm number 47 or whatever so you can't touch me. It's just not true with you that this DOJ that's covering up child sex trafficking rings in the Epstein files. They're they're not going to be doing anything.
We like we so stiff. Todd Blanch makes Pam Bondi look like uh you know a profound justice of highest call. She's she's a learned hand as a result. It's a weird it's a weird law school reference but she's seems great compared to Blanch and they're both horrible. Let me be very very clear. So ain't nothing happening under this DOJ. To me the question then becomes Trump gets wiped out in the midterms. Let's let's take this scenario. Trump continues to attack and cannibalize Republicans in the Senate and and ri continues to rip the party apart day by day. The popularity gets just paint the picture gets even worse and worse as we head to the uh elections. This which I think is a real picture of what's going to happen. We get to 2028, everybody affiliated with Trump, the name tainted, whether it's Rubio or whether it's uh you know uh JD Vanser or whoever. next person comes in, there becomes a huge ground swell of support for accountability this time, not to make the same mistakes as Biden.
Um, not to make as Merrick Garland and and be and be aggressive because not because you're partisan or weaponizing, but because we this this is this transcends that. Um, this is this this is clearcut stuff. This seems to me I there's so many other things that should be the issue, but this one seems to me the issue based on how judges bipartisan reacted, how the Senate bipartisan reacted. It's so easy and comprehensible and offends the basic notions of everything that this one seems to stand out amongst them. I'll give you the final word.
>> Yeah. Well, look, I've said exactly that. It It's got everything. It's really a straight out pirating of taxpayers money. It's making us conspirators in this totally obnoxious idea that the January 6 um insurrectionists were somehow peaceful patriots coming to a lovein. It's rank selfdeing. It's complete uh ignoring of Congress. It's the abuse of the courts.
So, look, I think you're you're right.
When uh if if the uh Dems take control of the House, you're going to have sort of fault lines in the party among people who are saying, you know, leave this behind and look forward and others who are saying, and your point is right.
This is not just about retribution. The strongest argument will be how can we have just seen this happen worse corruption, abuse in the history of the republic. really there's must be accountability, but that'll be played out. But I I said it and I said, you know, not lightly. I did go to the Iword pretty uh early. It's the worst thing, the most grievous thing for us, the biggest insult to the American people, save only the pardons, and the pardons are more than arguably are are probably within his power. So this would this really stands out. There have been unbelievable abuses that people under all our noses of the imoluments clause and self-enrichment to the tune some say of billions of dollars but uh even more than that not just comprehensible but so rank uh I do think that um the the school of thought that holds there's got to be some accountability they'll be pointing at just this and doing the remedy that the constitution sets up for it which is impeachment.
>> Everybody subscribe to Harry Litman's YouTube channel. It's called Talking Feds. So, when this video ends, search Talking Feds. Make sure you subscribe to our YouTube channel. But let's get Harry over a million subscribers by uh you subscribing to Talking Feds. Thanks, Harry.
>> Thank you, Ben.
>> New Midas merch. Head to store.midestouch.com today and get yourself the best prodemocracy gear and show your support.
That's store.mistouch.com.
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