"Here's the deadline to file a petition for us to hear the case, let's stop what's happening until it's resolved." is not exactly an uncommon move for the court to make. But here's the thing you seem to be avoiding - Trump can certainly choose not to file the petition, but then when the deadline hits the lower court decision (which he has then explicitly chosen not to contest) takes effect. The one in which he lost.ObsidianJones said:To which he'll try for another delay. I understand the Supreme Court tried to put on a show of a guideline. I just don't think Trump will follow it.Schadrach said:The courts ruled against him every step of the way, up to SCOTUS, who basically set a time limit for when Trump could file to have it heard before SCOTUS and blocked it until it gets resolved. This wasn't some victory for Trump using his crony court - this was only a delay.
And frankly, I don't believe the Supreme Court will push it any further than motions and the like. I swear to God, I hope I'm wrong, but the Elected Republicans haven't shown me that they are as free from the partisanship they love to accuse Democrats of having.
The very best he can do for himself is drag the process out as long as possible, and maybe try to be somewhere that won't extradite when his term ends.
Except in this case, it would be like if the only difference between Leader and any other similar criminal is that Leader gets his court date set a few weeks later than typical so he gets to out on bond for longer.ObsidianJones said:They absolutely can not do that. There's still a semblance of Law and Order. It's like when a corrupt cop has to bring in the gang leader who is paying him off because everyone saw the Leader beat a man unconscious. The officer can't just tell everyone they didn't see what they saw. He has to make a show of it or else he gets in trouble.If his pet court was as controlled as you think it is, they'd have accepted the case with all haste and shut it down, instead of telling him to file his petition in time for next term (willing to bet you right now that if Trump does file that petition that either they'll refuse to hear it [meaning Trump loses, because the lesser court decision stands] or that 1) Trump will lose and 2) it won't be a 5-4 vote, likely a 7-2 if even that). Also, they would have killed off the concept of "separate sovereigns" in Gamble v US, which they had every opportunity to do but voted 7-2 against. Interestingly, Ginsburg and Gorsuch were the only dissenting justices in that case - strange bedfellows indeed.
Again, my offer for a wager stands - either Trump will not file the petition and be forced to comply with the lower court, he will and SCOTUS refuses to hear the case, or he will and will lose clearly (at least 7-2, maybe 8-1 or 9-0 depending on how much Gorsuch and Kavanaugh are willing to pull for Trump). SCOTUS will definitely not decide that subpoenas cannot be enforced.
They can, but not agreeing with the result of a case is not grounds for impeachment.ObsidianJones said:Remember, Justices can also be impeached [https://www.supremecourt.gov/about/faq_general.aspx].
So, you know when Trump was being investigated and there was a tendency to hang state charges over people that might flip on Trump? Specifically state charges because Trump has no authority to pardon those and thus couldn't protect them?ObsidianJones said:I read the Gamble VS US case, and I honestly don't understand why you are bringing it up. I mean this with no disrespect. But we're talking about a random guy who had drugs and a handgun with no political sway at all, and the Partisanship of the United States with the Republicans vote Republican and the Democrats vote Democrats. We're talking about how the Republicans aren't even arguing the facts of the issue any more and are just committing themselves to acquitting the President instead of unbiasedly looking at the evidence and judging on the basis of that.
Yeah, Gamble happened before all of that but after Kavanaugh joined SCOTUS. Without the concept of "separate sovereigns" (the idea that both state and federal law can be enforced separately, even if the same conduct violates both and that doing so is not double jeopardy - which is what Gamble was over, he was arguing that being separately tried for state and federal law violations for the same conduct was double jeopardy), any of those state charges being used as leverage could have simply been pardoned by Trump (and the POTUS has broad and largely unrestricted power to pardon violations of federal law) if the same conduct also happened to be a federal crime.
Unfortunately little came of that investigation in terms of action against Trump, but that wasn't known going in. If the court were Trump-owned as much as you think, that judgement wouldn't have been 7-2, with one dissenter being Ginsberg.
Again, the Supreme Court did nothing further than give him a deadline to file his petition, and prevent the action the court battle is over from being resolved until at least then. They were a bit generous on how long they gave for that sort of thing, but otherwise that's not exactly an uncommon thing to do.ObsidianJones said:And we're talking about how even when the President was caught dead to rights, the Supreme Court extended him a lifeline for no real reason other than he's their Boy and they want to help him out anyway they can. Gamble is a guy with drugs.
Again, assuming the Senate is highly unlikely to actually remove the POTUS from office (and noting that unsurprisingly, McConnell is wanting to do this as fast as possible and is in full cooperation with Trump's defense). Seems like Senate GOP thinks that getting it over with quickly and letting Trump shout "EXONERATED! MOST INNOCENTEST PRESIDENT EVER! DEMOCRAT WITCH HUNT!" from the top of his lungs for 10 months is the best result for them.ObsidianJones said:This is the best course because while everything looks political (and it is), the closer to Election, the more it looks like the Democrats are losing and are trying to do anything to get rid of Trump. Not to mention this is a vast abuse of power. You don't sit on this. Especially with the mindsets of your average voter. Who will honestly ask "If this was such a big deal and you knew about it then, why didn't you do anything then? This seems sketchy".
I agree with that sentiment.
The actual Senate trial is going to be an utter sham though, since you could dance around the first article if you tried hard enough but the second (obstruction of Congress) is very clearly true and very publicly demonstrated. Which also ties into GOP wanting to do it as fast as possible - make it ancient history before elections come around so the sham trial doesn't cost them as many votes.
If by some miracle Trump does get voted out of office, he'd be fucked but good. His base would be irrelevant there. Because he'd be removed from office, and barred from holding further office.