this post was submitted on 01 Jul 2024
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[–] pjwestin@lemmy.world 48 points 4 months ago (2 children)

God, we're so fucked. SCOTUS is turning the Presidency into an autocracy, Biden refusing to get out of the way for a capable candidate...that judge sentencing Trump to jail time in the Stormy Daniels case is basically the only thing that can save us from a right-wing theocracy at this point.

[–] davidagain@lemmy.world 16 points 4 months ago (3 children)

Surely Trump just appeals to the SCOTUS and they free him in line with today's ruling?

[–] EmptySlime@lemmy.blahaj.zone 21 points 4 months ago (2 children)

Wouldn't be that simple. The Stormy Daniels case was about things that happened before he became president. Sure reimbursing Cohen might have occurred at least in part while Trump was president, but Cohen was never part of the administration. They were disguising the reimbursement as paying Cohen in his capacity as Trump's personal lawyer. So there's pretty much nothing that this ruling does to hamper this case.

That said, I have no doubts that they'd find some way to rule in his favor if an appeal managed to land in front of them. But I think he'd have to go through normal appeals first, he can't just go straight to SCOTUS.

[–] AA5B@lemmy.world 9 points 4 months ago

It’ll be interesting to see how stiffing your lawyer is an official act

[–] davidagain@lemmy.world 3 points 4 months ago (1 children)

You're right, but I'm confident he'll get there in the end.

[–] EmptySlime@lemmy.blahaj.zone 7 points 4 months ago (1 children)

Yeah. The Roberts Court has been nothing if not the Court of Post-Hoc Justification. They're great at concocting the most batshit crazy of legal theories to reach the outcome they want after shopping for the perfect cases to do so. I'm absolutely positive that if/when he gets an appeal to reach SCOTUS they'll give him exactly what he wants even if they have to tie themselves in logical pretzels or even directly contradict themselves to do it.

[–] Ragnarok314159@sopuli.xyz 6 points 4 months ago (1 children)

They ruled on a goddamn hypothetical. 6-3.

None of the conservative judges are qualified to do anything except take leaves.

[–] EmptySlime@lemmy.blahaj.zone 3 points 4 months ago

They've pulled that one a lot recently, haven't they? I seem to recall one of the other recent rulings, I think it was against the EPA basically being a hypothetical about a proposed rule they hadn't even actually passed yet?

[–] Atom@lemmy.world 18 points 4 months ago* (last edited 4 months ago) (2 children)

SCOTUS can't do shit for state charges. Doesn't mean they won't try.

However, His legal team will argue literally any punishment is too harsh and appeal the NY state charges, which will be granted because he was a president and has money. Then it will be delayed past the election and not matter anyway because this system is not made to resist willful destruction by those entrusted to protect it.

Edit: Turns out they can. The NY prosecution has agreed to postpone charges less than a day after the ruling. Trump's team asserts that the criminal activities occurred before he was president, but since the evidence was gathered during, he can not be prosecuted. Apparently concealing evidence unrelated to the presidency is an official act...

[–] slickgoat@lemmy.world 5 points 4 months ago (1 children)

There's move afoot by the GOP to get any state charges against the president to be elevated to the Federal court.

Guess who can pardon himself or have federal charges dropped?

[–] KevonLooney@lemm.ee 3 points 4 months ago (1 children)

That's not how Federalism works. The President is not a member of any state government, and has no immunity from state crimes. There's no way to move this case from state court to federal.

[–] blusterydayve26@midwest.social 8 points 4 months ago (1 children)

Unless you change the laws to say you can! Which was the point of the above comment.

[–] KevonLooney@lemm.ee 2 points 4 months ago (1 children)

The Constitution can't be changed that easily. There's no reason for the State of New York to give up the case, even if it were possible to do. And there's no way to compel it, considering the issue is NY State law.

[–] blusterydayve26@midwest.social 1 points 4 months ago* (last edited 4 months ago)

They’re already trying it on appeal, though. Sure, they’re applying federal precedent to a state case, but why would Trump’s team let stop them?

https://www.bbc.com/news/articles/cw4yp9g7ynwo

[–] slickgoat@lemmy.world 3 points 4 months ago

They cannot currently cancel state charges, but the GOP is trying to change that. It is one of a raft of measures underway. Some are truely frightening, such as using Red State National Guard troops against non-compliant Blue States. Check out Project 2025 - the Republicans are even trying to hide their planned dictatorship.

[–] TropicalDingdong@lemmy.world 3 points 4 months ago

He was not President at the time of these acts, but I doubt that would stop them.