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Showing content with the highest reputation on 07/01/2024 in all areas

  1. Trump was indicted for his activities on January 6. He appealed the indictment to the District Court (trial court) and the way I read it, they pretty much said he has no immunity, period. So he appealed to the Circuit Court which is not a trial court, but is a constitutional court one step below the US Supreme Court. Both the District Court and the Circuit Court denied even reviewing the case. I believe they simply said that a former president has no such immunity. The US Supreme Court then took up the case on a constitutional basis. Remember at this point there has been no trial so no facts of the case have come out. It has been only appeals on the constitutionality of immunity. The Supreme Court ruling today said that the president has absolute immunity for constitutional authority (conclusive and preclusive). What that means to me is, if it’s something the Constitution gives him the authority to do, he absolutely cannot have charges filed against him. An easy example that I can think of is the Constitution makes him the commander-in-chief of the military. So if a president authorizes the military to do something such as Reagan authorizing the bombing of Libya in retaliation for terrorist attacks, the president cannot be sued or held to criminal charges because some civilians in Libya got killed. That is his authority as commander-in-chief and protection of the country. The Supreme Court then ruled that the president has presumed official acts immunity. A presumption under law in a case such as this means that it is assumed that the person accused, such as a president, is not guilty. The presumption is that he followed the law. The presumption does allow however for the prosecution to try and prove by a preponderance of the evidence that the presumption does not exist. The person accused does not have to prove anything. The president does not have to prove that he had immunity. The prosecution has to prove that more likely yes than no that he didn’t have immunity. So technically there’s an opening to prosecute but you start out with the presumption that the person accused is not guilty with nothing to prove. As an example, the president has wide authority in many areas including issuing some executive orders. Those are authorities as official acts. If the president was to do something like order the unjustified jailing of a political opponent in an upcoming election and order the opponent held in Gitmo to keep from campaigning, that would not be included under an official act immunity. So it is possible to overcome the presumption of immunity but it will take quite a bit of work. The president has no immunity whatsoever that is outside of constitutional authority or an official act. As an example of the president gets drunk and manages to sneak past his Secret Service bodyguard. He gets in the car and drives DWI and kills someone. That is not covered under an official act so he could be held accountable for a homicide. So…. For constitutional authorities, the president has absolute immunity. For an official act, he has presumed immunity. Anything outside of a constitutional or official act, such as driving DWI, has no immunity. In this ruling the Supreme Court vacated the indictment because the District Court, and the Circuit Court did not even consider immunity. The Supreme Court did not clear Trump because at this point they have not even heard the evidence. All they issued was a constitutional ruling that the lower courts have to at least consider immunity under the rule that they just established. Therefore the case goes back to the prosecution to bring a case at the trial court level and try to prove that whatever Trump is accused of, it was not an official act. Certainly the DOJ could read this Supreme Court ruling and drop the case, saying that they cannot overcome immunity. I’m not going to hold my breath, waiting for the DOJ to come to that conclusion. Simply disagreeing with a president actions does not disprove immunity. I disagreed with some of the things that Biden did such as ordering vaccines for some workers. Some of that was appealed and the courts threw out some of those mandates, especially under OSHSA. I don’t think Biden could be prosecuted however for issuing an executive order to one of his federal agencies because that is probably covered under an official act immunity. Not liking it does not automatically qualified as a crime. Therefore…. Can the DOJ try to again get an indictment against Trump and try to prove in court that he is not covered by one of the immunities listed? Yes. The Supreme Court has stated that under their ruling absolute immunity must be taken into consideration for a constitutional act and presumed immunity must be taken into consideration for an official act. Let’s just say that the DOJ pushed this case again and convince the trial court and the appeals court that Trump has no immunity and they get a criminal conviction. At their discretion, the Supreme Court can take this case up again since the trial would have been held and the Supreme Court could see how the lower courts came to their conclusion. The Supreme Court could agree that with the lower courts that there was no immunity and a conviction stands or they could say, y'all weren't paying attention to our ruling and they can throw the whole case out. If you don’t want to read all of that…… To date the ruling is, yes a former president has immunity from what he did in office and by law that must be taken into consideration under the rules that the Supreme Court just set. The rest will play out in the future.
    4 points
  2. Lets see your top 25 for the state. Lets' see your top 10 for Region III.
    2 points
  3. baddog

    2024 Astros

    Porter was behind the plate when Altuve argued a called 3rd strike for his 1st ejection. Porter was the 3rd base ump in this case. That’s why I said involved.
    1 point
  4. AggiesAreWe

    2024 Astros

    On June 18, the Astros were 10 games behind Seattle and 3.5 games back of Texas. 13 days later, Houston is just 3.5 back of Seattle and 4.5 ahead of Texas. Stros need to continue this pace to the all star break.
    1 point
  5. The DNC push to install (not elect) Hillary as the heir apparent is what started the chain of elections since 2012. It will finally play out this year. In 2028 we won’t have a bunch of 80 year olds fighting for a spot. Had 2016 been a completely fair primary from the DNC, Hillary would not have been the Democrats’ nominee. Anyone but Hillary would have beaten Trump but they wanted their female president and a Clinton at that. So they installed one of the worst candidates ever. That have Trump his stunning victory which in turn started TDS, ABT, etc.
    1 point
  6. Langford hit for a cycle,good for him!Got a dub,hopefully it’s some kind of a spark that’s needed badly..
    1 point
  7. And you certainly wouldn’t want your daughters buying son-cones there.
    1 point
  8. baddog

    2024 Astros

    That ball hit his foot…..not reviewable. At least we got the “W”. Same ump involved in his other ejection.
    1 point
  9. So because you think Woodville should be ranked ahead of 3 teams… it’s out of whack ?
    1 point
  10. For context you are somewhat correct that most people are right most of the time with the caveat that if you stay in their particular geographic area. The average fan's acumen drops off significantly the further from home they get. I'll speak for myself and myself only, but I am proud of the work I've done and I've worked hard over my career to put the time in to learn about the entire state 6A on down to 2A. Even before I worked for DCTF I've spent thousands of dollars out of my own pocket to travell to games in every corner of the state to try and get a feel for the teams etc....thankfully that grind got me in a spot today where my travel now is covered but there's been a lot of sweat equity put into this thing
    1 point
  11. Just tell us you're enjoying the beach man. 😂
    1 point
  12. The personal attacks of members here needs to stop. You can debate without making it personal.
    1 point
  13. Strange you have yours before I have mine. I have subscribed for years uninterrupted, but DCTF is a no-show so far...
    1 point
  14. I can’t say enough good things about Kevin coach Foster allowed me to grow into the coach I am today, he was a great mentor and leader of young men and that is the most important thing I learned from Coach Foster Coach Foster hired me and allowed me to run my own program and never micro manged anything and was always our biggest fan, because of that I became his biggest fan I will always tell people I am where I am today because of him thank you coach for believing in me and hiring me Jacob Hooker head baseball coach Big Sandy 2016-19
    1 point
  15. Saw that happen. Heard anything? That looked bad.
    0 points


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