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What is the functional difference between the President having immunity for “official acts” and the powers granted to the German President under Article 48 of the Weimar Constitution?
  • I think that immunity for explicitly delineated powers makes sense purely from a logical point of view: the constitution says the president can do a thing, therefore a law saying they can't do that thing is either unconstitutional, or doesn't apply to the president.

    You are effectively implying this, but I will say it explicitly - you don’t need immunity to reconcile the logical conflict. The courts can simply find that that law is unconstitutional facially (if it is specifically directed at an enumerated executive power) or as-applied (if it is a general law that sweeps in executive conduct that falls under an enumerated power). In other words, it’s not that the President is immune from criminal prosecution for violating a criminal statute, but instead Congress violated the separation of powers when passing the law and it therefore can’t be enforced because it is unconstitutional. In that situation, this would be a defense to the prosecution, with the burden being on the President to raise and prove the unconstitutionality of the law just like any other defendant. We don’t need to invent a new immunity to protect the President against Legislative excesses.

  • 'There Are No Kings in America': Biden Blasts Supreme Court, Issues Dire Warning After Immunity Ruling
  • Expanding the court doesn't require congressional approval

    That is incorrect. Changing the size of the Court is understood to be a power that Congress has because of the Necessary and Proper clause, and not a power of the Executive.

    For an act changing the size of the Court to pass the Senate, you first need 60 Senators to break the filibuster. This means that 10 Republican Senators need to vote for increasing the size of the Court for any such legislation to pass. That’s not going to happen.

  • 'There Are No Kings in America': Biden Blasts Supreme Court, Issues Dire Warning After Immunity Ruling
  • Biden could not have expanded the court. That requires an act of Congress. Even if the Democrats passed such an act in the House, it would have been dead in the Senate because they have never had the needed supermajority and none of the Republicans would have voted for it.

  • Trump gets name of his doctor wrong as he challenges Biden to cognitive test
  • The doctor at issue (Ronny Jackson) was the White House doctor while Trump was President. His office was in the White House. He travelled on Air Force one with Trump.

    He was the doctor that gave an hour long press conference at the White House on Trump’s “excellent” health, saying Trump has “incredible genes.”

    Trump then nominated him to head the VA, although he ended up withdrawing.  At that point Trump created a brand new position in the White House for him - Chief Medical Advisor to the President.

    After he left the White House, Jackson became a US representative and has been one of Trump’s main supporters. Trump endorsed him when he ran. Jackson was just at Trump’s hush money trial with the other Texas republicans to provide him support.

    This is not some random doctor Trump saw once for a physical.

    https://www.cbsnews.com/news/veterans-affairs-pick-ronny-jackson-impressed-trump-after-he-gave-glowing-health-report/

    https://abc7amarillo.com/news/local/congressman-ronny-jackson-among-texas-republicans-at-trumps-side-as-defense-rests-in-hush-money-trial

    https://en.m.wikipedia.org/wiki/Ronny_Jackson

  • Conservatives are warning about noncitizens voting. It's a myth with a long history
  • However, I still think you're going too far by claiming there's no consequences while literally linking to attempted convictions.

    I agree. I think he seriously underestimates the risks. If the person is here unlawfully, they have now caught the attention of the authorities and are more likely to be subjected to removal proceedings. If they are here lawfully, they now become deportable and, even if not removed for some reason, may decrease their chances at obtaining a green card or naturalization, depending on the circumstances. All of that on top of the criminal penalties.

  • Conservatives are warning about noncitizens voting. It's a myth with a long history
  • and according to the law deporting them isn't on the table for attempting to vote illegally (check the second link)

    I’ll repeat here what I said to you above in case others didn’t see my earlier comment and think your assertion is accurate:

    Deportation is absolutely a risk for unlawful voting.

    If the non-citizen is here unlawfully, they are always subject to deportation if ICE becomes aware of them, which may happen by referral during a criminal prosecution.

    Even if they are here lawfully, they become deportable if they vote unlawfully per 8 USC 1227(6)(A): "Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable."

    The reason "deportation" is not mentioned in the press release you cite is because removal is a separate proceeding, not part of the criminal proceeding (which is what the press release is about). They have to be convicted of the crime first, and then removal proceedings can be initiated.

    Even if removal proceedings are not brought against them for some reason, they will still potentially suffer consequences for a conviction (in addition to the criminal punishment). For example, unlawful voting may prevent naturalization of a lawful non-citizen under 8 USC 1427 because they do not have the requisite good moral character.

    Moreover, if they falsified documents to vote unlawfully, they may be found to have committed an aggravated felony, which means they face expedited removal proceedings, they can never get a green card, never become naturalized, can not be eligible for asylum, and can never reenter the US. See 8 USC 1158, 1182, & 1228.

  • Conservatives are warning about noncitizens voting. It's a myth with a long history
  • Like I said in a previous response to you, removal is definitely on the list for unlawful voting. It is just a separate proceeding from the criminal prosecution. If prison time is warranted for a crime, time is typically served before removal proceedings are initiated.

    Here is a case where a green card holder was being deported when, at least according to her, she mistakenly believed she was allowed to vote when she could not: https://www.nbcnews.com/nightly-news/peru-native-who-voted-illegally-two-u-s-elections-now-n746721

    If her account is true, that looks like a lot of ignorance on both sides to me, not necessarily malice or gross stupidity.

  • Conservatives are warning about noncitizens voting. It's a myth with a long history
  • Deportation is absolutely a risk for unlawful voting.

    If the non-citizen is here unlawfully, they are always subject to deportation if ICE becomes aware of them, which may happen by referral during a criminal prosecution.

    Even if they are here lawfully, they become deportable if they vote unlawfully per 8 USC 1227(6)(A): "Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable."

    The reason "deportation" is not mentioned in the press release you cite is because removal is a separate proceeding, not part of the criminal proceeding (which is what the press release is about). They have to be convicted of the crime first, and then removal proceedings can be initiated.

    Even if removal proceedings are not brought against them for some reason, they will still potentially suffer consequences for a conviction (in addition to the criminal punishment). For example, unlawful voting may prevent naturalization of a lawful non-citizen under 8 USC 1427 because they do not have the requisite good moral character.

    Moreover, if they falsified documents to vote unlawfully, they may be found to have committed an aggravated felony, which means they face expedited removal proceedings, they can never get a green card, never become naturalized, can not be eligible for asylum, and can never reenter the US. See 8 USC 1158, 1182, & 1228.

  • Congress approves bill barring any president from unilaterally withdrawing from NATO
  • The Supreme Court has specifically made this point: The President “may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers.” Hamdan vs Rumsfeld (2006).

    Just because the President is commander-in-chief does not mean he has plenary power over everything related to the military and it’s use.

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