Kim Whaley
Appearances
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How an obscure legal theory shaped the immunity decision and Trump's second term
So that was not a good decision for Trump. the expansion of executive power for Donald Trump, but there were four dissenting justices and Justice Alito wrote a very fiery dissent. So I think these are going to be close nail-biter decisions. Whether the Supreme Court will decide that Congress's
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How an obscure legal theory shaped the immunity decision and Trump's second term
design of federal agencies is beside the point that not only can the president just demolish them as he sees fit, but can anoint a private party to do that with no ostensible legal or constitutional authority. And I say that because the courts can't really even figure out what
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How an obscure legal theory shaped the immunity decision and Trump's second term
Since Donald Trump took office a second time on January 20th, this is just a massive dismantling of a delicately
Consider This from NPR
How an obscure legal theory shaped the immunity decision and Trump's second term
created system of checks and balances where congress does its job passes laws that should be enforced and respected by the executive branch congress creates agencies gives them their power and that power is restrained by the law and if you want more power in the president then you have to go back to congress That's what's breaking down, and it's not entirely the Supreme Court's fault.
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How an obscure legal theory shaped the immunity decision and Trump's second term
It's also the fault of the United States Congress, which is not insisting on its own constitutional prerogative.
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How an obscure legal theory shaped the immunity decision and Trump's second term
Laws are only so good as they're enforced because it's the threat of enforcement that makes people comply. If we're not worried about getting a ticket, most of us will go 10 miles over the speed limit. Once there's a machine hiding in the bushes and we get the ticket in the mail, we'll slow down. And Congress isn't handing out any tickets for speeding for Donald Trump.
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How an obscure legal theory shaped the immunity decision and Trump's second term
And the Supreme Court is kneecapped to a large degree, at least the criminal justice system, from at any point handing out those tickets for speeding.
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How an obscure legal theory shaped the immunity decision and Trump's second term
Bye.
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How an obscure legal theory shaped the immunity decision and Trump's second term
In that opinion, it said it doesn't matter if Congress passes. laws that constitute crimes. It doesn't matter if a prosecutor would find probable cause to indict a former president. It doesn't matter if the law would be adjudicated in a way and if a jury were to find beyond a reasonable doubt that a former president committed crimes.
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How an obscure legal theory shaped the immunity decision and Trump's second term
None of that matters because the Constitution impliedly, impliedly elevates the president above all of that. That is essentially the unitary executive theory in a Supreme Court decision.
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How an obscure legal theory shaped the immunity decision and Trump's second term
That was an astonishing decision. I think it is a turning point not only in Supreme Court law on the separation of powers, but also really in the trajectory of the country and democracy.
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How an obscure legal theory shaped the immunity decision and Trump's second term
I don't think it can be overstated how transformative it was because the court essentially put the president above the Constitution, above the rule of law, above Congress, above the judiciary, above juries, above everything.
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How an obscure legal theory shaped the immunity decision and Trump's second term
Yes, that's a direct line to the unitary executive theory. I mean, bear in mind, Article 2 says the president can appoint executive branch officials, hire them. It does not say he can remove them for any reason. The Constitution's silent on that.
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How an obscure legal theory shaped the immunity decision and Trump's second term
I think that the unitary executive theory is probably going to, I'm predicting here, give rise to a majority opinion that strikes down restraints.