Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

kentuck

(111,078 posts)
Wed Jul 28, 2021, 08:36 AM Jul 2021

When it goes to the Supreme Court?

If Donald Trump is subpoenaed, as a private citizen and a former President, to appear before the Select Committee, he will challenge it in the Courts. That's what he has always done.

When it goes to the Supreme Court, do they rule in Trump's favor? Very likely.

That will be the time to expand the very political Supreme Court.

Nobody has a crystal ball but this looks to be the direction this investigation is going. They are all clamming up. The Department of Justice is going to have to step up.

The testimony of the Capitol policemen seems to not have even made a dent in the consciousness of this cult.

They call it an act. They were only "crisis actors"? Will McCarthy win the Best Supporting Actor when he is called to testify?

The Committee has no choice but to continue to call witnesses. Surely they will come across one that will be must-see television?

25 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
When it goes to the Supreme Court? (Original Post) kentuck Jul 2021 OP
If they rule in his favor HAB911 Jul 2021 #1
FDR couldn't expand the Supreme Court. Tomconroy Jul 2021 #2
Probably. thucythucy Jul 2021 #6
I disagree with no president being forced to resign. Lochloosa Jul 2021 #15
Sorry, I thought the completed thought thucythucy Jul 2021 #22
mccarthy will fight it too. spanone Jul 2021 #3
Jeffrey Rosen may volunteer to come in? kentuck Jul 2021 #4
Well, he's a republican, so I'll believe it when I see it. spanone Jul 2021 #8
I agree they will fight it, gab13by13 Jul 2021 #7
Correct. Democrats need to play chess here. kentuck Jul 2021 #9
There is nothing in the Constitution that would prevent a former president from being criminally JohnSJ Jul 2021 #5
That's a lot of If's fescuerescue Jul 2021 #10
On second thought. I think Trump would *LOVE* to be subpoenaed fescuerescue Jul 2021 #25
Probably depends a LOT on the 2022 election bluestarone Jul 2021 #11
I think that may be longer term strategy? kentuck Jul 2021 #12
Agree! bluestarone Jul 2021 #13
Not only that, they will immediately impeach Joe Biden should they steal/win spanone Jul 2021 #23
Their plan is to stall until after the mid-terms. They might just pull it off. MoonRiver Jul 2021 #14
Do you have a reason the Court to uphold Trump's challenge, other than "of course they will"? brooklynite Jul 2021 #16
It's not a sure thing. kentuck Jul 2021 #17
Roberts won't allow it. brooklynite Jul 2021 #18
I'll go further: the Court won't even hear the case. brooklynite Jul 2021 #19
The time to expand SCROTUS is now; once they block subpoenas and voting rights, lagomorph777 Jul 2021 #20
They will not rule in his favor. Won't happen. No one, repeat no one is above the law Lettuce Be Jul 2021 #21
I'm with you on this, but I think for different reason MissMillie Jul 2021 #24

thucythucy

(8,045 posts)
6. Probably.
Wed Jul 28, 2021, 08:55 AM
Jul 2021

Then again times are different, and no one can foresee the future.

I'm just old enough to remember people saying no US Attorney General will ever be indicted. They were talking about John Mitchell. No vice president will ever be indicted. Enter Spiro Agnew. No president has ever been forced to resign... You get the picture.

One possible scenario: if incontroverable evidence is revealed that Trump and his ilk absolutely planned for a coup--say a tape of Trump and Jared and Flynn going though the plan point by point, along with a list of critics slated for arrest or assassination after the coup--and the Supreme Court on a partisan vote refused to allow law enforcement to take action. If this followed a ruling over turning Roe v. Wade, the collective outrage might just carry the day, especially if this led to massive losses by the GOP in the mid terms.

But you're probably right about this, sad to say.

Lochloosa

(16,063 posts)
15. I disagree with no president being forced to resign.
Wed Jul 28, 2021, 10:04 AM
Jul 2021

Nixon was told by repugs at the time, that if he did not resign he would be impeached. He resigned the next day.

thucythucy

(8,045 posts)
22. Sorry, I thought the completed thought
Wed Jul 28, 2021, 11:21 AM
Jul 2021

was assumed by using the "..."

Yes, of course Nixon had to resign. That was my point, that what was once the consensus view that this or that could never happen is precisely what came to pass.

I promise in the future to be more explicit.

Best wishes.

kentuck

(111,078 posts)
4. Jeffrey Rosen may volunteer to come in?
Wed Jul 28, 2021, 08:47 AM
Jul 2021

He knows a lot. He replaced Bill Barr as AG in the final weeks of the Trump disaster.

gab13by13

(21,304 posts)
7. I agree they will fight it,
Wed Jul 28, 2021, 08:56 AM
Jul 2021

but will the SC side with every case? I would not subpoena Trump first, go with people who the SC may rule against.

Subpoenas need to happen quickly so they can get through the courts.

I mean having subpoena power and not being able to use it makes no sense, hopefully it also makes no sense to a partisan SC.

JohnSJ

(92,131 posts)
5. There is nothing in the Constitution that would prevent a former president from being criminally
Wed Jul 28, 2021, 08:51 AM
Jul 2021

prosecuted, even for the same offenses they were impeached for, so I don't see the courts protecting him from being called as a witness

What I see happening is delay tactics they would use that would allow him to run out run the clock


fescuerescue

(4,448 posts)
10. That's a lot of If's
Wed Jul 28, 2021, 09:13 AM
Jul 2021

I don't think that Trump would say anything revealing since it's all on video anyway.

However, if he is subpoenaed, it would likely keep the hearing open till about the midterms.

Which is would be a huge win for our side.

fescuerescue

(4,448 posts)
25. On second thought. I think Trump would *LOVE* to be subpoenaed
Wed Jul 28, 2021, 02:31 PM
Jul 2021

He would absolutely love 2 or 3 days of cameras trained on him.

He's probably lobbying to get subpoenaed right now.

bluestarone

(16,906 posts)
11. Probably depends a LOT on the 2022 election
Wed Jul 28, 2021, 09:29 AM
Jul 2021

This will ALL be stalled until we see who controls the House and Senate after the 22 election. It seems like they could stall this at least until then.

kentuck

(111,078 posts)
12. I think that may be longer term strategy?
Wed Jul 28, 2021, 09:53 AM
Jul 2021

To stall beyond the midterms.

If Republicons win, they will sweep it under the rug, hid from view.

MoonRiver

(36,926 posts)
14. Their plan is to stall until after the mid-terms. They might just pull it off.
Wed Jul 28, 2021, 10:00 AM
Jul 2021

Then, if the Pukes take back the House, this investigation will disappear.

brooklynite

(94,501 posts)
16. Do you have a reason the Court to uphold Trump's challenge, other than "of course they will"?
Wed Jul 28, 2021, 10:08 AM
Jul 2021

Just like "of course" they were going to hear his voter fraud lawsuit?

As conservative as they are, there's no basis for a civilian refusing a subpoena from Congress. They won't uphold his refusal.

kentuck

(111,078 posts)
17. It's not a sure thing.
Wed Jul 28, 2021, 10:19 AM
Jul 2021

But it is very possible they will be caught up in the cult fervor. They could be very unpredictable. We would all hope they would be above such petty politics, but they have some real "winners" on this Court.

brooklynite

(94,501 posts)
18. Roberts won't allow it.
Wed Jul 28, 2021, 10:30 AM
Jul 2021

He's not a Trumpist and he's concerned about his and the Court's historical reputation.

brooklynite

(94,501 posts)
19. I'll go further: the Court won't even hear the case.
Wed Jul 28, 2021, 10:31 AM
Jul 2021

There's no Constitutional issue to be considered.

MissMillie

(38,548 posts)
24. I'm with you on this, but I think for different reason
Wed Jul 28, 2021, 12:13 PM
Jul 2021

Since he's already been charged in Congress and acquitted in the Senate, there's no way he'll be charged again for anything. Therefore it's almost as though he has immunity from prosecution. (I think I'm right on this, but I don't know for sure. Being tried by the Senate may not count towards avoiding Double Jeopardy.)

He will, of course, be tried in the court of public opinion.

And then it becomes a issue of whether or not he tells the truth. That will be a damned-if you do/damned-if-you don't situation for him. Lying to Congress is a crime. Telling the truth ends his political career.

Latest Discussions»General Discussion»When it goes to the Supre...