They sent it back down to the lower courts because they need to determine if he was acting officially. If he was acting outside of an official constitutional capacity he is criminally responsible. If he was doing his official duties with in the constitution he’s alright.
It’ll probably end up with him hit with some charges and avoiding others.
Why does this need to be determined? He wasn’t. He just wasn’t. Nothing he is being charged with is constitutional, which is the point.
Devil’s Advocate: It’s been needing to be determined since fucking Nixon left office, and our entire government has been waffling about it for 70 years, because it’s a question they don’t actually want answered. It’s only convenient to them now as a reason to give Trump a legal time-out so he can make it to the election without more indictments.
The District Court in question has already defined official versus unofficial acts, which is part of why the SC released this so late on fucking purpose. Because even though the DC is ready to go with their findings, they’ll have to wait until October to kick it back up the chain to the Supreme Court when Trump inevitably appeals.
Some of the evidence that Jack Smith has put together involve some form of Trump’s official capacity. for instance, the Times notes that one of the points of the prosecution was that Trump tried to get Jeffrey Clark installed as acting AG in the days before Jan 6, presumably because he would go along with the coup. One of the findings of the Court is that appointments like that are within the President’s direct duties, and can’t be used as evidence against him, even if it can be proven that the appointment was made to directly piss on the Constitution Trump swore to protect.
The Times also notes that Trump’s pressure campaign on Pence is similarly protected now.
The Times also notes that Trump’s pressure campaign on Pence is similarly protected now.
How can that be constitutional?
That’s just due process of law. The lower court can’t just wax seal issues of constitutionality with out looking at them. Doing so would be a fantastic grounds for appeal.
because they need to determine if he was acting officially.
this was already ruled on, reelection campaign is NOT an official capacity thing PERIOD. This move is nothing but another delay to ensure this shit falls on a date post-election
Delaying until after the election was the main point yeah. He did get a couple other goodies from it though to my understanding. Presumption of immunity and not being able to admit testimony or communications of the president and his staff being the big ones from what I’m reading.
But absolutely Remand is the big prize for Trump here. Having the case remanded back to the lower courts all but guarantees that it won’t be concluded before the election. Hopefully it doesn’t entirely gut the other prosecutions as well but I don’t have a lot of faith that it isn’t going to basically kill the other cases.
