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