'Profoundly ahistorical': 4-star generals side with Jack Smith, tell Supreme Court Trump's immunity claims are 'assault' [View all]

Was discussed on Deadline WH


https://lawandcrime.com/high-profile/profoundly-ahistorical-4-star-generals-side-with-jack-smith-tell-supreme-court-trumps-immunity-claims-are-assault-on-democracy/

A distinguished group of retired four-star generals and admirals from the U.S. military have argued in a brief filed in the U.S. Supreme Court on Monday that Donald Trump’s claims of absolute “presidential immunity” from criminal prosecution tied to Jan. 6 is an “assault” on the “foundational commitments” underpinning democracy and if his argument is allowed to succeed before them later this month, it threatens “to subvert the careful balance between the executive and legislative branches struck in the Constitution.”

The 38-page amicus brief features 19 authors, all of them decorated retired admirals, generals or secretaries from branches of the U.S. Army, Navy and Air Force respectively. On April 25, the high court is poised to hear Trump’s question of immunity against prosecution for his alleged criminal conspiracy to subvert the results of the 2020 election. and according to the brief, these are arguments that should be approached with extreme caution.

“Petitioner’s theory of presidential immunity threatens to subvert the careful balance between the executive and legislative branches struck in the Constitution. For example, if emboldened by absolute immunity, the President might unsuccessfully seek authorization from Congress to undertake a certain action and then attempt to have the military carry out that action even though Congress rejected it. Moreover, our Constitution directs the people’s elected representatives in Congress to enact criminal laws that the executive is tasked with enforcing; allowing the President to violate those laws with impunity fundamentally distorts this constitutional allocation of powers,” they wrote.
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This is HUGE!