ALL CASES AGAINST PRESIDENT TRUMP MUST EITHER BE DROPPED BY PROSECUTORS OR DISMISSED BY THE RELEVANT COURTS

By Free Republic | Created at 2024-11-06 21:53:01 | Updated at 2024-11-07 00:29:21 2 hours ago

ALL CASES AGAINST PRESIDENT TRUMP MUST EITHER BE DROPPED BY PROSECUTORS OR DISMISSED BY THE RELEVANT COURTS
X ^ | November 6, 2024 | Mark Levin

Posted on 11/06/2024 1:40:04 PM PST by conservative98

For half a century, it has been the position of Democrat and Republican administrations, that the DOJ cannot indict a sitting president. This position has been justified for a myriad of reasons, all of which come down to the fact, that the president is the head of the executive branch, and unelected prosecutors, juries, and judges cannot exercise a power that makes it impossible for a president to carry out his constitutional duties while defending his liberty and reputation in a courtroom. To allow such a procedure would be to do permanent damage to the constitutional construct of our government and set a precedent that could not be reversed -- that is, prosecutors indicting a sitting president for infinite reasons that destroy the purpose of functioning of the office.

The issue has come up as to whether the same principles of non-prosecution would apply where the charges would be brought by a state or locality. After all, it has been argued, the DOJ's jurisdiction is federal not state. Of course, that is simply wrong -- that is, there are thousands of DA's and state AG's who, if not prevented from bringing charges against a sitting president would empower politically motivated, often elected prosecutors to do untold damage to the republic, e.g., Manhattan DA Alvin Bragg. Moreover, localities and states do not have a sort of reverse federalism authority to bring local or state charges against the president who is federally elected. In other words, there's even more of reason to disallow such criminal actions outside of the federal construct.

Therefore, not only should the courts in New York and Georgia, upon motions by the president's lawyers, dismiss the cases with prejudice, but if the state courts refuse to do so, the president's lawyers should seek dismissal in federal court of the cases. The federal jurisdiction is beyond debate. Additionally, the president would retain the plenary power to dismiss those state actions himself if the federal court does not act for the same reasons set forth in the DOJ legal memoranda of long-standing. In short, no locality or state has the power to cripple the federal constitutional office of the presidency, diminish the standing and authority of the president, not to mention undo the national election that resulted in his swearing in.

TOPICS: Chit/Chat
KEYWORDS: alvinbragg; cases; constitution; courts; das; doj; engoron; executivebranch; federalism; georgia; indictments; juanmerchan; jurisdiction; marklevin; meritlessgarland; newyork; plenarypower; president; prosecutors; trump

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To: conservative98

That lard azz Leticia James was so pissed she coulda bit through a 10 penny nail during her little diatribe earlier today.....she can say what she wants but she knows it’s O.V.E.R.

HAHAHAHAHAHA!!!!!!

2 posted on 11/06/2024 1:43:04 PM PST by V_TWIN (America...so great even the people that hate it refuse to leave!)

To: conservative98

To be resumed in January 2029

To: conservative98

I predict the hack Merchan will try to impose a delayed sentence until after Trump leaves office.

To: conservative98

All of the prosecutors and the courts that went along with the hoaxes need to be arrested and tried for sedition. I don’t care what they do in the interim except to be in the J6 gulag. With no bail and who knows when the trials will happen. See, Conservatives can fight back.

5 posted on 11/06/2024 1:48:27 PM PST by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)

To: V_TWIN

She's vowing to keep going

6 posted on 11/06/2024 1:50:35 PM PST by Pollard

To: The Unknown Republican

I hope Donald pardons himself before then.

7 posted on 11/06/2024 1:51:10 PM PST by No name given ( Anonymous is who you’ll know me as )

To: V_TWIN

Missed that.

Link to video?

8 posted on 11/06/2024 1:51:30 PM PST by sauropod ("This is a time when people reveal themselves for who they are." James O'Keefe Ne supra crepidam)

To: Rural_Michigan

Unless Donald pardons himself, which I hope he does.

9 posted on 11/06/2024 1:51:43 PM PST by No name given ( Anonymous is who you’ll know me as )

To: conservative98

Dismissed with prejudice. JFK as Special Counsel re Weaponization of Government and DS RICO.

10 posted on 11/06/2024 1:51:50 PM PST by dodger

To: conservative98

The larger, most important jury has spoken yesterday!!

11 posted on 11/06/2024 1:52:23 PM PST by LittleBillyInfidel (This tagline has been formatted to fit the screen. Some content has been edited.)

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