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Date: 2025-02-05 Page is: DBtxt003.php txt00027070
THE US SUPREME COURT
MAYBE NOT ... BUT STILL DANGEROUS!

Times Radio: Trump’s Supreme Court win could help him get away with a military coup


Original article: https://www.youtube.com/watch?v=kELNeHZZ9n8
Peter Burgess COMMENTARY
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Peter Burgess
Trump’s Supreme Court win could help him get away with a military coup

Times Radio

868K subscribers

Jul 2, 2024

'It's not a complete carte blanche to carry out a military coup.'

However, a presumption of immunity would make it harder for Trump to be prosecuted, says David Charter, assistant US editor for The Times.

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Transcript
  • 0:00
  • so it's not a complete um uh cart blanch
  • to carry out a military coup because
  • clearly that's not part of his
  • constitutional Duty that's not part of
  • the what's allowed in the constitution
  • for the president so that wouldn't
  • attract absolute immunity but
  • circumstances like that there could be
  • an argument that uh the president is now
  • has the presumption of immunity and it
  • has to be shown otherwise by the
  • prosecution so you can see that simply
  • by having this set down in black and
  • white for the first time in history uh
  • it's created this big debate and shown
  • up what I think has long been known that
  • there is a presumption that not everyone
  • in America uh is the same Joe Biden
  • there let us talk to David Chara the
  • assistant us editor for the Times hello
  • to you
  • David uh greetings from Washington DC
  • John hi David so look so that Supreme
  • Court ruling it certainly caused waves
  • doesn't it to emanate outwards

  • 1:00
  • oh no doubt uh because it is the first
  • time in American history uh that it's
  • ever been set down in black and white
  • just what the presidential Shield is if
  • you like from U malicious prosecution or
  • Justified prosecution for that matter
  • the Supreme Court uh many decades ago
  • had decided that the president was
  • immune from civil actions uh to prevent
  • people trying to stop uh and to
  • intimidate the president from taking
  • action but itd never before had a
  • character like Donald Trump come along
  • and the first president to be prosecuted
  • of course in in criminal cases four of
  • them in fact uh never before has it been
  • faced with this appeal uh up to the
  • Supreme Court that uh surely the
  • president of the United States enjoys
  • some measure of protection uh from what
  • the Trump supporters say they called
  • lawfare which is the weaponization of
  • the legal system against him so into the
  • middle of this M this political malstrom

  • 2:01
  • comes perhaps the most ideological Court
  • uh for a century really which it's it's
  • six to three conservatives to liberals
  • the decision on immunity this wide-
  • ranging scope of immunity they set out
  • um in their ruling was six to3 the six
  • conservatives against the S the three
  • liberals and one of the Liberals in fact
  • the most liberal member Soto myor uh
  • said well look this just allows the
  • president the freedom to order the um
  • the Special Forces to assassinate his
  • Rivals he'll be immune uh what if he
  • organizes a military coup he'll be
  • immune in my view that goes too far
  • that's overdone because what the Supreme
  • Court tried to set out was uh different
  • levels of immunity one absolute immunity
  • for the president in his constitutional
  • actions and then the presumption of
  • immunity for all other official acts and
  • then no immunity at all for when he's
  • acting privately in his own Private

  • 3:00
  • Affairs so it's not a complete um uh
  • cart blanch to carry out a military coup
  • because clearly that's not part of his
  • constitutional Duty that's not part of
  • the what's allowed in the constitution
  • for the president so that wouldn't
  • attract absolute immunity but
  • circumstances like that there could be
  • an argument that uh the president is now
  • has the presumption of immunity and it
  • has to be shown otherwise by the
  • prosecution so you can see that simp by
  • having this set down in black and white
  • for the first time in history uh it's
  • created this big debate and shown up
  • what I think has long been known that
  • there is a presumption that not everyone
  • in America uh is the same uh in front of
  • the law that the president does enjoy a
  • special status and while those lower
  • courts the Supreme Court pushes the
  • Judgment of what what is permitted and
  • what isn't largely back to those lower
  • courts while that is sorted out it means
  • that other cases are going to be shoved
  • off Beyond the November election which

  • 4:01
  • is of course exactly where Donald Trump
  • wanted
  • them yeah I think the real complaint of
  • the Democrats is that um the Supreme
  • Court decision was actually um rather
  • Broad and and left it up to the lower
  • courts as you say to go through Case by
  • case and um incident by incident on all
  • of his Communications like his Twitter
  • uh postings uh which one of those was um
  • done as an official act and which one
  • was a personal act did it change during
  • the day uh all of that's going to be
  • litigated and take and it will take
  • weeks and weeks and weeks uh to go
  • through all of this and so the real
  • upshot of it is that um the case will
  • just can't be heard and uh before the
  • election and of course if Trump wins the
  • election this is a federal case so he
  • will take over the the executive of the
  • federal government and he can fire the
  • special Council he can get rid of Jack
  • Smith who's brought the case and that'll
  • be an end to it yeah I mean meanwhile
  • we've already now seen Trump seizing on

  • 5:00
  • this ruling davut to challenge his
  • criminal convictions in the pornstar
  • hush money trial yeah this is the one
  • that's been completed and is likely to
  • be the only one completed before the
  • election uh you'll recall that he was
  • convicted on all accounts um uh of
  • paying uh of paying off uh Stormy
  • Daniels to keep quiet uh about their
  • alleged brief affair so even today uh
  • we've just heard that the prosecution in
  • that case in Manhattan has actually said
  • we agree there should be a delay in
  • sentencing we don't accept that Trump's
  • got been given a new argument uh to uh
  • destroy the case and to have it thrown
  • out but we do agree that at least it
  • should be litigated it should be heard
  • uh so the sentencing that was set for
  • July the 11th just before the Republican
  • convention by the way um looks like it
  • won't take place now it'll be delayed to
  • see if this Supreme Court cour case has

  • 6:00
  • a bearing uh on his conviction and on
  • the way he should be sentenced so it
  • means that we'll be going into the
  • Republican convention where Trump will
  • be nominated as as the presidential
  • candidate without knowing if he actually
  • faces jail time for his hush money
  • convictions okay you mentioned earlier
  • on David the we haven't seen I know an
  • ideologically um in mesed uh Supreme
  • Court of America like this for for maybe
  • for a century or more just tell me how
  • that is playing out because the Supreme
  • Court
  • such an important pillar of the American
  • Constitution is now right at the center
  • of the political battle and that that is
  • again another extraordinary facet of of
  • political life in the
  • USA absolutely and it it it it's it's I
  • I hesitate to say it's become a central
  • election issue because really it's been
  • an ENT a central election issue at at uh
  • successive elections I think one reason
  • why people held their nose and voted for
  • Trump in 2016 was because the
  • Republicans had the chance to make a

  • 7:00
  • supreme court appointment uh and shift
  • the court more onto the conservative
  • side and indeed Trump uh was able to
  • appoint three members of the nine member
  • Court that's a lot in one term uh but
  • going into the next
  • election this pendulum has swung towards
  • the Democrats in terms of the politics
  • because they can now say look uh we told
  • you that if you elected Trump you'd get
  • the most political ideological Court in
  • a gen in Generations the court has ended
  • the federal guarantee uh of abortion
  • treatment um that only by electing
  • democratic presidents can uh can you get
  • more liberal um members of the judges on
  • the on the court who can correct and
  • restore uh the universal right of access
  • to abortion for example and also correct
  • what they see as this um authoritarian

  • 8:01
  • style ruling giving the president way
  • too much protection to do as he pleases
  • um Biden's big speech last night his
  • first public appearance at the White
  • House since his really disastrous debate
  • performance was setting out a new
  • campaign uh pledge that you know you've
  • got to you've got to reelect me uh
  • because What Will trump do with with all
  • this protection he's now been given
  • that's been set down by the Supreme
  • Court do you really want Trump to be
  • unfettered by we've seen how he escapes
  • impeachment which is the only other way
  • of bringing him to account now there's
  • no chance of him being brought to
  • account by this court is the argument of
  • the Democrats


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