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

Honeycombe8

(37,648 posts)
Tue Jul 10, 2018, 08:15 PM Jul 2018

So, as soon as Kavanaugh takes the bench, a lawsuit will be filed to stop the investigation...

if the investigation isn't over.

Because Kavanaugh has stated in court opinion that a President should not be burdened with criminal prosecutions, civil lawsuits, or investigations, because being President is hard enough as it is.

It might be the Trump team that files the lawsuit, or it might be another group on behalf of them.

Or maybe Congress will pass a law stating that the President can't be sued or prosecuted or investigated, and make it retroactive. Then the other side will have to sue to stop that law.

Any lawsuit like that will go to the Supreme Court. Thomas, Gorsuch, Alito and Kavanaugh will side w/Trump's argument. Roberts may or may not. Probably so. Sotomayor, Ginsburg, Kagan, & Breyer will vote against the Trump argument.

7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
So, as soon as Kavanaugh takes the bench, a lawsuit will be filed to stop the investigation... (Original Post) Honeycombe8 Jul 2018 OP
I'm pretty sure Mueller has other avenues. Iliyah Jul 2018 #1
That's it. That locks it up. Except for impeachment... Honeycombe8 Jul 2018 #2
Really would bring out more voters against shithole and the GOP. Iliyah Jul 2018 #3
trump is really securing himself during and after AlexSFCA Jul 2018 #4
+1 nt Honeycombe8 Jul 2018 #5
The constitution forbids ex post facto laws. No retroactive laws. bench scientist Jul 2018 #6
Someone would have to sue over it...and take it to the S.Ct. Guess how that would go? Honeycombe8 Jul 2018 #7

Honeycombe8

(37,648 posts)
2. That's it. That locks it up. Except for impeachment...
Tue Jul 10, 2018, 08:19 PM
Jul 2018

impeachment isn't a possibility with a Republican Congress. The Dems would have to win bigly, to impeach him.

And this could be wrapped up BEFORE the mid-terms. The S Ct sits in October. They can go straight to the S.Ct., possibly, with a lawsuit, because it involve the President.

Iliyah

(25,111 posts)
3. Really would bring out more voters against shithole and the GOP.
Tue Jul 10, 2018, 08:26 PM
Jul 2018

GOPers are uncaring greedy assholes, and they think US Supreme Court is their savior, but they also know they would need congress as well.

AlexSFCA

(6,137 posts)
4. trump is really securing himself during and after
Tue Jul 10, 2018, 08:27 PM
Jul 2018

Last edited Tue Jul 10, 2018, 09:42 PM - Edit history (1)

presidency. If Kennedy likes what trump is doing, then you can reliably count on alito, thomas, roberts and gorsuch to display absolute loyalty to trump during or post presidency and shield him from any inditements.

bench scientist

(1,107 posts)
6. The constitution forbids ex post facto laws. No retroactive laws.
Tue Jul 10, 2018, 08:38 PM
Jul 2018

Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 ( as applied to the federal government ) and Article 1, Section 10 (as applied to state governments).
On what legal grounds do you believe anyone could bring suit? And prevail?

Honeycombe8

(37,648 posts)
7. Someone would have to sue over it...and take it to the S.Ct. Guess how that would go?
Tue Jul 10, 2018, 08:47 PM
Jul 2018

It applies to criminal, not civil, law (the retroactive prohibition). But besides that, there are exclusions decided on a case by case basis in the S.Ct.

Latest Discussions»General Discussion»So, as soon as Kavanaugh ...