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No no. It's a presidential act so he's immune. Thanks supreme Court!
Only applies to the presidency and only if the courts remain a legitimate institution in the US, a fact that is increasingly in question.
But also, his goons are completely vulnerable either way and there is little the president can do with his own hands.
They all hope for/assume/were promised full pardons.
Pardons would only help with criminal contempt charges. In this case, the judge would probably be applying civil contempt to compel compliance with the court order. Since they wouldn't be held on a criminal charge, pardoning the crime wouldn't get them released.
And have historically gotten them too.
True but it at least requires them to go through that process and can still inconvenience and intimidate people. Trump is capricious and unpredictable and there may be uncertainty as to whether such pardons will be granted, and even if they are, people could be arrested in the meantime.
If there is a way to nail them with state charges then this would get around this although I would assume most of these activities primarily violate federal law and take place in the District which does not have the independence of a state, unfortunately.
I believe there can't be state charges in this because that would imply a state court ordering a federal agency to do something which i believe is more or less impossible due to the Supremacy Clause.
But the capricious nature of Deputy Assistant President Trump is a real danger to these people, especially if whatever illegal thing they're doing for him gets big bad publicity and could make him unpopular.
Federal officials can still be subject to state charges if they break state law. It’s not a matter of ordering a federal agency to do anything, so the supremacy clause should not be relevant here. The question is what state laws could they be breaking? There may not be any.
Defying court orders is not part of the presidential duties.
Yeah, but the courts explicitly can't consider the president's motive, so if he does it while president claiming it's necessary for the United States, he's free to go. It's why he got completely let off for the hush money stuff. That had nothing to do with presidential duties.
The courts claimed they the courts couldn't, but still have themselves the option to judge what was and wasn't.
The courts later deciding that the president can just ignore the courts would be a bunch of power hungry dipshits completely removing their own power. It would be very dumb if them to do, even from the perspective of people who only care about themselves
Says you