Dirk Schwenk (Esq) 🎵 Profile picture
Jul 1 27 tweets 8 min read Read on X
I'm reading the US v. Trump SCOTUS opinion myself. It is much worse than I expected. My thoughts below. A thread.
First off, the "absolute immunity" SCOTUS invents is Absolute. If it falls within "core constitutional powers" there is no order than can be given that can be reviewed by the courts AT ALL. Image
I'll expand on this later, but that means no court can review acts under Art. II, Sec 2 powers. Those powers include those of Commander in Chief, including state militias if called to fed service; AND THE POWER TO PARDON/COMMUTE. So corrupt pardons are off the table. Image
SCOTUS affirmatively green-lights a number of very scary points in which it holds POTUS immune. LIKE FIRING ANY FEDERAL EXECUTIVE BRANCH EMPLOYEE AT WILL. Goodbye federal civil service. Image
Neither Congress nor the Courts - in SCOTUS's dystopian vision - can limit or "examine" POTUS powers. This even throws Congressional oversight into doubt. Image
If a foreign enemy gave a POTUS's son-in-law 2 Billion dollars in exchange for a core powers official act like blockading Qatar, I do not see how Congress or the Courts could do anything about that under this ruling.
This is one of the most terrifying sentences in the history of the Supreme Court. "We thus conclude that the President is absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority."
Moving on to non-core powers. I assumed that SCOTUS would be skeptical of immunity there. I was dead wrong. SCOTUS imposes a virtually impossible test to any prosecution. Off the top of my head I cannot think of a single act a POTUS could not claim was immune Image
And so, POTUS is immune from basically any act related to any conduct that is discussed in the US code; or anything that any court has said is related to the US Code. That's not everything, but its everything if one is the slightest bit creative about claiming its everything
SCOTUS does conclude that there is no immunity for "unofficial acts" which sounds like it might be useful, but it isn't. Trump and the prosecution AGREED that some charged conduct was unofficial - Trump will never make that mistake again. Image
SCOTUS calls it a "difficult question" about whether ordering the VP to break the law was official. But its an easy question that illegal orders to the DOJ were official. Discussions with private parties? "difficult." The proposed test will mean that any savvy POTUS is immune.
SCOTUS outlaws inquiry into MOTIVE. So any act that can be said to be within the scope of any authority remains official and immune EVEN IF DONE AS THE RESULT OF A BRIBE. Image
Under any normal analysis of whether an act is within the scope of their job, one of the first questions is whether the act was illegal. But that doesn't matter for a POTUS. They can do corrupt, illegal things and be immunized, as long as it relates to an official act Image
Threatening DOJ officials who resist illegally weaponizing the DOJ? Official acts immunity. Image
Ordering the DOJ to aggressively pursue specific prosecutions and discussing individual investigations and prosecutions with the DOJ? Official acts immunity. Image
And of course we have already established that POTUS is immune from prosecution for firing a DOJ employee who won't play ball. And that no court or congress may inquire into whether that act was corrupt. (I wrote this before realizing SCOTUS specially emphasized this) Image
ABSOLUTE IMMUNITY FOR ORDERING SHAM INVESTIGATIONS. HOLY SHXT THIS IS WORSE BY THE SECOND. Image
Immunity for ordering your VP not to allow the peaceful transfer of power. Image
The headline is that the case is remanded to see which acts were unofficial, but the tests above mean that they were all official because they involved federal elections. The case is over. We lost. Image
Trump's exhorting the crowd to attack the capital? "most of a President's public communications are likely to fall comfortably within the outer perimeter of his official responsibilities." THE CASE IS OVER. WE LOST. Image
I'm going to read the dissents too, but here is Chief Justice's snipe - it is absolutely gaslighting. This decision is a complete grant of immunity to POTUS for everything especially including corrupt pardons - which means its EVERYTHING and no can do anything about it. Image
Fxn "Justice" Thomas concurs that a POTUS can anything that he wants in weaponizing the justice department but finds an exception Special Counsel.
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The dissenters agree with my conclusions above - this is a grant of absolute immunity, because it will be impossible to prove unofficial acts (and no POTUS would ever agree to that again). Image
The dissenters make an important point - the framers could have provided immunity - but they did not. (As I have repeatedly noted, Scalia, Thomas, Alito et al only go to the text when its convenient to their predetermined outcomes). Image
Justice Sotomayor attempts to game out how this works - and she agrees with my conclusion - POTUS is no longer subject to criminal law. Image
Assassinations of political rivals are only a crime if a prosecutor could prove beyond a reasonable doubt that it was not an official act. FCK. Image
Only judges can hold that a POTUS act is not immune. But POTUS can execute the judges. So that's that. The republic as we knew it last week is gone. I'm not sure what to say or do. Image

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More from @DirkSchwenk

Nov 8
Since the punditry has moved on to predicting how and whether the new administration will go about enacting it's policies and promises, I'm going to do the same. Thread below. In a word PROVOCATION.
He will want to identify and defeat any organized resistance by triggering "undesirables" so they can be jailed, deported or otherwise neutralized. His first acts will be designed to provoke protest, preferably unlawful protest (occupies, road blocks, etc.)
I would expect his first targets to be highly visible, unlawful and potentially violent acts against trans and pro palestine people. This, he hopes, will get libs into the streets where they can be targeted.
Read 7 tweets
Oct 25
Dear Members of the US Armed Forces: If you do not want to be members of the New SS and used as storm troopers against US citizens, please read and share this thread. AND PLEASE VOTE. @USArmy @usairforce @USNavy @USMC @SpaceForceDoD
General John Kelly, US Marines, retired, was Trump's longest serving Chief of Staff. In that role he was the gatekeeper to the oval office, and present for many critical events. He said THIS WEEK that Trump is a fascist who admires Hitler. Image
Gen. Kelly flat out says that Trump will give unlawful military orders and will invoke the Insurrection Act. Trump confirms it. Image
Read 21 tweets
Oct 23
DEAR FEDERAL EMPLOYEES. SCOTUS says you can all be fired tomorrow and no act of Congress can save you. Don't believe me? Think I'm stupid? READ THIS THREAD.
For about 150 years, Congress has protected executive branch employees from political pressures, by protecting them from firing, except for merit. protectdemocracy.org/work/the-civil…Image
This is a critical body of law which separates political appointees from career professionals. Those professionals hold massive expertise in critical sciences and the application of federal law. Their protection has been a constant for everyone living. mspb.gov/studies/studie…Image
Read 9 tweets
Oct 23
In light of the new reporting that Tr u mp is a Hxtler supporter and outright fascist, I want to revisit Justice Roberts decision in Trump v. United States. A THREAD.
We all grew up in a country where it was flatly illegal for a POTUS to turn the military against the citizenry. There was never any question about that. It was a sure thing. That country is gone.
It has been repeatedly confirmed that Trump asked "his" generals to shoot protesters. And that they refused. THAT WILL NOT HAPPEN AGAIN. Trump wants generals that are loyal, and if we put him in power, that is what he (and we) will get.
Read 11 tweets
Oct 2
I'm reading Jack Smith's Motion. Follow along if interested. A DIRK READS STUFF THREAD. storage.courtlistener.com/recap/gov.usco…
I've been pretty skeptical about the DC case in light of Trump v. US, the immunity decision from SCOTUS, so this is our first chance to see what Jack Smith thinks. The first page hints at one line of attack - if Trump conspired with non-Presidents, is that immune? Image
JS lays out the plan: declare himself the winner after the day of votes are counted, but before the Biden heavy mail ins can be counted. In October 2020. Coincidentally, it is October now. Image
Read 27 tweets
Sep 16
Dear Dems. We can't wait to vote for you. Kamala is the bomb; Walz too. We know you'll do great on the economy and access to the ballot and funding infrastructure and schools, and we long for that and look forward to it.

BUT THERE'S A COUPLE OF THINGS THAT NEED INVESTIGATED
Like, for example: 1) TFG's spawn appear to have been involved in killing Kashoggi; shaking down Qatar for a blockade; massive post-term bribe taking; profiteering on the pandemic; 2) TFG is inciting riots TODAY along with the zillion other things he did/has done, oh and the 10M
from Egypt; 3) Melon Husk is embedded in our National Security institutions and is engaged in anti-democratic, anti-american activities that align with Putin; 4) "General" Flynn is still getting my tax funded retirement and health care while running an open insurrection;
Read 6 tweets

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