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Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

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Legal experts appeared somewhat pleased during the first half of the Supreme Court’s historic hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was the President of the United States, as the justice appeared unwilling to accept that claim, but were stunned later when the right-wing justices questioned the U.S. Dept. of Justice’s attorney. Many experts are suggesting the ex-president may have won at least a part of the day, and some are expressing concern about the future of American democracy.

“Former President Trump seems likely to win at least a partial victory from the Supreme Court in his effort to avoid prosecution for his role in Jan. 6,” Axios reports. “A definitive ruling against Trump — a clear rejection of his theory of immunity that would allow his Jan. 6 trial to promptly resume — seemed to be the least likely outcome.”

The most likely outcome “might be for the high court to punt, perhaps kicking the case back to lower courts for more nuanced hearings. That would still be a victory for Trump, who has sought first and foremost to delay a trial in the Jan. 6 case until after Inauguration Day in 2025.”

Slate’s Mark Joseph Stern, who covers the courts and the law, noted: “This did NOT go very well [for Special Counsel] Jack Smith’s team. Thomas, Alito, and Kavanaugh think Trump’s Jan. 6 prosecution is unconstitutional. Maybe Gorsuch too. Roberts is skeptical of the charges. Barrett is more amenable to Smith but still wants some immunity.”

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Civil rights attorney and Tufts University professor Matthew Segal, responding to Stern’s remarks, commented: “If this is true, and if Trump becomes president again, there is likely no limit to the harm he’d be willing to cause — to the country, and to specific individuals — under the aegis of this immunity.”

Noted foreign policy, national security and political affairs analyst and commentator David Rothkopf observed: “Feels like the court is leaning toward creating new immunity protections for a president. It’s amazing. We’re watching the Constitution be rewritten in front of our eyes in real time.”

“Frog in boiling water alert,” warned Ian Bassin, a former Associate White House Counsel under President Barack Obama. “Who could have imagined 8 years ago that in the Trump era the Supreme Court would be considering whether a president should be above the law for assassinating opponents or ordering a military coup and that *at least* four justices might agree.”

NYU professor of law Melissa Murray responded to Bassin: “We are normalizing authoritarianism.”

Trump’s attorney, John Sauer, argued before the Supreme Court justices that if Trump had a political rival assassinated, he could only be prosecuted if he had first been impeach by the U.S. House of Representatives then convicted by the U.S. Senate.

During oral arguments Thursday, MSNBC host Chris Hayes commented on social media, “Something that drives me a little insane, I’ll admit, is that Trump’s OWN LAWYERS at his impeachment told the Senators to vote not to convict him BECAUSE he could be prosecuted if it came to that. Now they’re arguing that the only way he could be prosecuted is if they convicted.”

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Attorney and former FBI agent Asha Rangappa warned, “It’s worth highlighting that Trump’s lawyers are setting up another argument for a second Trump presidency: Criminal laws don’t apply to the President unless they specifically say so…this lays the groundwork for saying (in the future) he can’t be impeached for conduct he can’t be prosecuted for.”

But NYU and Harvard professor of law Ryan Goodman shared a different perspective.

“Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward. It’d be a travesty for Justices to delay matters further. Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.”

NYU professor of history Ruth Ben-Ghiat, an expert scholar on authoritarians, fascism, and democracy concluded, “Folks, whatever the Court does, having this case heard and the idea of having immunity for a military coup taken seriously by being debated is a big victory in the information war that MAGA and allies wage alongside legal battles. Authoritarians specialize in normalizing extreme ideas and and involves giving them a respected platform.”

The Nation’s justice correspondent Elie Mystal offered up a prediction: “Court doesn’t come back till May 9th which will be a decision day. But I think they won’t decide *this* case until July 3rd for max delay. And that decision will be 5-4 to remand the case back to DC, for additional delay.”

Watch the video above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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‘She Kills People’: Trump Amps Up Attack on Cheney After Violent ‘Nine Barrels’ Rhetoric

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Donald Trump has extended his attack against one of his top political critics, Liz Cheney, falsely alleging late Friday afternoon the Republican former U.S. congresswoman “kills people.”

“She kills people. She wanted to, even in my administration she was pushing that we go to war with everybody and I said, ‘If you ever gave her a rifle and let her do the fighting, if you ever do that, she wouldn’t be doing too well,’ I will tell [you] right now,” Trump said during a campaign stop in Michigan, Politico reported (video below). “She’s a war hawk.”

The ex-president, whose rhetoric, critics say, is growing increasingly violent as Election Day approaches, also charged Cheney “wants to go kill people unnecessarily” and called her “a disgrace.”

There are no reports that Cheney, who also served as vice chair on the U.S. House Select Committee on the January 6 Attack, and has crossed the aisle to endorse and campaign for Vice President Kamala Harris, has ever killed anyone.

RELATED: ‘How Dictators Destroy Free Nations’: Trump Slammed for Suggesting Firing Squad for Cheney

“Let’s put her with a rifle standing there with nine barrel shooting at her, okay? Let’s see how she feels about it,” Trump had said Thursday, speaking on a stage with far-right podcaster Tucker Carlson.

Vice President Kamala Harris, Trump’s Democratic presidential opponent, denounced the ex-president’s remarks Friday afternoon.

“This must be disqualifying,” she told reporters, CBS News reports. “Anyone who wants to be president of the United States who uses that kind of violent rhetoric is clearly disqualified and unqualified to be president.”

In addition to Harris’s remarks, Trump has been widely condemned on the left for his violent remarks, which some claimed were a call for Cheney’s execution. The state attorney general in Arizona has opened an investigation into the ex-president’s comments to determine if it was a death threat, according to CNN.

“Trump’s use of violent language dates back to his first presidential campaign, in 2015 and 2016, when he suggested a heckler deserved to be “roughed up” and said he’d like to punch another in the face,” CNN also reported. “Former Defense Secretary Mark Esper wrote in his memoir that while in office, Trump raised the idea of shooting protesters who took to the streets around the White House after the killing of George Floyd in 2020.

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“’Can’t you just shoot them? Just shoot them in the legs or something?’ Trump asked, according to Esper.”

Earlier on Friday after massive condemnation Trump appeared to try to clarify his comments, a rare response when under fire.

Despite telling supporters in Michigan that Cheney “kills people,” on his Truth Social website he wrote: “All I’m saying about Liz Cheney is that she is a War Hawk, and a dumb one at that, but she wouldn’t have ‘the guts’ to fight herself.”

Watch Trump’s remarks from Michigan below or at this link.

READ MORE: ‘Embarrassing’: JD Vance’s Story About How He Responded to Trump Shooting Sparks Concerns

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‘Showing Up’ and ‘Coming Together’: Harris Talks ‘Enthusiasm,’ Campaign Highlights ‘Momentum’

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Vice President Kamala Harris is expressing cautious optimism in the final days of the 2024 presidential race, saying voters are “showing up,” and she is “seeing an incredible amount of enthusiasm from people of every walk of life.”

“What I’m enjoying the most about this moment is that in spite of how my opponent spends full time trying to divide the American people, what I’m seeing is people coming together under one roof who seemingly have nothing in common, and know they have everything in common,” the Democratic presidential nominee told reporters Friday afternoon (video below). “And I think that is in the best interest of the strength of our nation.”

Vice President Harris and her campaign have been focused, deliberate, and on-message since she began running for president just 103 days ago. Earlier this week, campaign manager and co-chair Jen O’Malley Dillion sought to tamp-down fears and anxiety from Harris’ supporters in a three-minute video acknowledging that the “race is going to be extremely close,” and “we still have a lot of work to do,” while saying, “we’re on track to win a very close election,” and “we feel really good with what we’re seeing.”

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Early Friday afternoon the campaign became a bit less tight-lipped, appearing to “leak” to reporters a somewhat more optimistic view of the election.

“Senior Harris campaign staff say their internal data shows Harris winning battleground state voters who have made up their minds in the last week by double-digit margins. They say that Trump’s MSG [Madison Square Garden] rally was the ‘last straw’ for late-breaking undecided voters,” TIME’s Charlotte Alter reported.

“Top Harris brass says their organizing operation has knocked on 13 million doors across the battleground states. In October, they made 100m [100 million] calls into battleground states,” Alter wrote. “In PA alone, their team is on track to knock 5m doors and have 1m conversations with voters by election day.”

“Top campaign staff believe Harris’s momentum is [because] of the work they’re putting in, but also [because] Trump’s MSG fiasco has broken through to late-breaking undecided voters. The MSG rally has sharpened the contrast and reminded voters what Trump is like.”

Meanwhile, Harris campaign senior advisor David Plouffe, who ran Barack Obama’s successful 2008 presidential campaign and became his White House senior advisor, offered additional insight.

“It’s helpful, from experience, to be closing a Presidential campaign with late deciding voters breaking by double digits to you and the remaining undecideds looking more friendly to you than your opponent. Close race, turnout and 4 days of hard work will be key. But good mo,” he wrote, appearing to mean “momentum.”

Former journalist and retired pundit Craig Crawford responded with data from Gallup:

“Voter enthusiasm is high, with Democrats more enthusiastic than Republicans,” Gallup reported Thursday. “Democrats maintain elevated election enthusiasm, at 77%, compared with 67% among Republicans.”

“Momentum” appears to be the key word for the Harris campaign and supporters as Election Day fast approaches.

READ MORE: ‘How Dictators Destroy Free Nations’: Trump Slammed for Suggesting Firing Squad for Cheney

Harris campaign surrogate, Illinois Democratic Governor J.B. Pritzker, talked about “momentum” on CNN Thursday night:

Neera Tanden, Director of the White House Domestic Policy Council noted on Thursday, “Lots of interesting endorsements today. You can feel the momentum.”

On Wednesday Harris spokesperson Ian Sams also talked about “momentum.”

Watch the video of Harris below, additional videos above, or all at this link.

READ MORE: ‘Embarrassing’: JD Vance’s Story About How He Responded to Trump Shooting Sparks Concerns

 

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‘How Dictators Destroy Free Nations’: Trump Slammed for Suggesting Firing Squad for Cheney

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In an escalation of his violent threats, Donald Trump has now suggested a top critic from his own party, Republican former U.S. Congresswoman Liz Cheney, face a firing squad. Outrage from the left was swift, and Cheney herself has responded.

“I don’t blame him for sticking with his daughter, but his daughter is a very dumb individual, very dumb,” Trump, speaking about former U.S. Vice President and Secretary of Defense Dick Cheney, and his daughter, Liz Cheney.

“She’s a radical war hawk,” Trump continued, speaking on stage in Arizona with far-right podcaster Tucker Carlson, who labeled Cheney “repulsive.”

“Let’s put her with a rifle standing there with nine barrel shooting at her, okay? Let’s see how she feels about it,” Trump said, in what some, including the Drudge Report say is a call for Cheney’s “execution.”

CNN anchor Kasie Hunt Friday morning noted that “violent rhetoric is not new for Trump, but this stark imagery represents an escalation at a tense moment when the country is on edge heading into Tuesday, seven in ten Americans saying they feel anxious or frustrated about the election, according to a new AP poll.”

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“It comes after Trump has raised the specter of using the U.S. military on Americans he calls ‘the enemy within,'” she added. “Throughout the last nearly 10 years with Trump on the national stage, the public rhetoric has gotten darker and more violent with time.”

“This is the final battle, he says,” Hunt continued. “He’s talking about the election happening four days from now.”

Liz Cheney, who also served as the Vice Chair on the U.S. House Select Committee on the January 6 Attack, wrote: “This is how dictators destroy free nations. They threaten those who speak against them with death. We cannot entrust our country and our freedom to a petty, vindictive, cruel, unstable man who wants to be a tyrant.”

Former Trump White House Director of Communications Anthony Scaramucci responded to his former boss’s attack on Cheney: “Trump should be taken into custody. He is a convicted felon and just violated the conditions of his bail agreement by threatening someone’s life. He needs to be sent away.”

Constitutional law professor and political scientist Anthony Michael Kreis remarked: “This is not the rule of the law. This is not respect for our constitution. This is fascism.”

Sarah Longwell, a Republican and publisher of The Bulwark, wrote: “If you claim to be a leader in any way—political leader, thought-leader, business leader, religious leader—and you don’t stand up and say clearly that America must keep this man away from power, then you’re no kind of leader at all.”

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David Rothkopf, a foreign policy, national security and political affairs analyst and commentator, offered a wider view:

“Trump is his own October surprise: The Kelly/Milley revelations, the hate rally, the ‘whether women want it or not’ comments, the garbage truck self-own, planning to turn health care over to a lunatic, violent musings about Liz Cheney and so much more. He is self-destructing.”

Former U.S. Congresswoman Gabby Giffords (D-AZ) issued a statement, saying in part: “Declaring that a person should be shot and killed simply for supporting a different candidate is un-American. Any Republican who claims to respect the constitution and rule of law has a responsibility to speak out against Donald Trump’s dangerous comments immediately. My family holds this country close to our hearts. I was shot and nearly killed for serving the people of Arizona. My husband has dedicated his life in service as a Navy pilot and astronaut who continues to serve his country in the Senate. Those who serve this country know that truly loving America requires opposing all forms of political violence.”

The Harris campaign weighed in, with spokesperson Ian Sams calling Trump’s remarks “dangerous, violent rhetoric,” and saying, “You have Donald Trump talking about sending a prominent Republican to the firing squad. And you have VP Harris talking about sending one to her Cabinet.”

Watch the video of Trump’s remarks below, additional videos above, or all at this link.

READ MORE: ‘I’m Not Hitler’: Trump Insists He’s Being ‘Demonized’ Despite Remarks

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