Trump Makes DANGEROUS CLAIM to SUPREME COURT
Summary
TLDR本视频中,唐纳德·特朗普的律师在美国最高法院辩论称,特朗普总统可能拥有绝对的总统豁免权,可以免受任何行为的法律追责,包括窃取核机密、接受外国贿赂、发动政变或暗杀政治对手等。通过对法庭辩论关键时刻的解析,视频揭示了这一主张的潜在危险性和对美国法治的威胁。最后,视频强调了保持总统行为合法性的重要性,并呼吁观众订阅,共同关注这一案件的后续发展。
Takeaways
- 📚 特朗普的律师在最高法院主张特朗普可能进行的行为,包括窃取核秘密、发动政变、接受外国官员贿赂以及命令军队暗杀政治对手,这些论点在法庭上被提出。
- 🏛️ 在最高法院的口头辩论中,大法官们对特朗普律师提出的“绝对总统豁免权”进行了质询,包括对于创建欺诈性选举人名单、发动政变、出售核秘密和暗杀政治对手等行为的豁免权问题。
- 🎤 特朗普的律师在回应大法官的假设性问题时,表示某些行为如果是“官方行为”,则可能享有豁免权,但需要先经过弹劾和定罪。
- 🤔 法官们对于如何界定“官方行为”和“私人行为”表示担忧,因为这涉及到是否给予总统绝对豁免权的问题。
- 👑 法官们提出,如果总统的官方行为不受法律约束,那么如何保证总统不会滥用权力,尤其是在没有刑事起诉威胁的情况下。
- 🚫 特朗普的律师强调,尽管总统需要遵守法律,但对于其官方行为的不当决定,应在总统任期结束后才追究责任。
- 🤨 法官们对律师的论点表示怀疑,认为这可能导致总统职位变成犯罪活动的中心。
- 👍 法官杰克逊强调,如果世界上最有权势的人可以为所欲为,这将是最反美的概念,我们的国家建立在法律面前人人平等的原则之上。
- 🇺🇸 法官杰克逊提出,如果官方行为获得绝对豁免,那么就不需要区分是私人行为还是公共行为,这引发了对于总统权力的深入讨论。
- 🧐 法官们考虑了历史先例,包括美国总统格兰特派遣联邦军队确保共和党选举人被认证的案例,来评估总统行为的合法性。
- 📉 特朗普在下级法院中败诉,包括在华盛顿特区的联邦法院和DC巡回上诉法院中的败诉,之后他将案件上诉至最高法院。
- 📢 该视频还包含了对3-day blinds的商业广告,这表明视频内容可能来源于某个播客或带有广告的节目。
Q & A
唐纳德·特朗普的律师在哪些场合提出了关于总统绝对豁免权的论点?
-唐纳德·特朗普的律师在联合州最高法院的口头辩论中提出了关于总统绝对豁免权的论点。
特朗普的律师在辩论中提到了哪些历史事件来支持他们的观点?
-特朗普的律师提到了总统格兰特在1876年派遣联邦军队到路易斯安那州和密西西比州以确保共和党选举人得到认证的历史事件。
在辩论中,如果总统下令军队发动政变,这是否被视为官方行为?
-特朗普的律师认为,如果总统下令军队发动政变,这可能取决于情况是否属于官方行为。如果按照官方行为来定性,那么在总统离任后,他需要先经过弹劾和定罪才能受到刑事起诉。
关于总统是否会因为出售核秘密给外国对手而获得豁免,特朗普的律师是如何回应的?
-特朗普的律师表示,如果总统出售核秘密给外国对手,这可能不会被视为可以获得豁免的行为,但如果这种行为被构造为官方行为,那么总统需要先经过弹劾和定罪。
在辩论中,如果总统使用军队暗杀政治对手,这是否会被视为官方行为?
-特朗普的律师认为这将取决于具体情况。如果总统为了个人原因而非官方责任这么做,那么这可能不会被视为官方行为。
最高法院的法官们对特朗普律师提出的绝对豁免权论点提出了哪些质疑?
-法官们质疑了如果总统的官方行为得到绝对豁免,那么如何区分官方行为和私人行为,以及这种豁免是否会使得总统在任期内无所顾忌地犯罪。
法官杰克逊在辩论中提出了哪些关键问题?
-杰克逊法官询问了关于总统的官方行为和私人行为的区分,以及为什么总统在执行官方行为时不需要遵守法律。她还表达了对于总统可能滥用权力的担忧。
特朗普的律师如何回应杰克逊法官关于总统可能滥用权力的担忧?
-特朗普的律师提到了历史上的先例和结构性保障措施,如弹劾和国会的监督,作为防止总统滥用权力的手段。
在辩论中,特朗普的律师是否认为总统在任期内可以无视法律?
-特朗普的律师不同意总统可以无视法律的观点,他们认为总统在执行官方行为时绝对有责任遵守法律。
特朗普的律师在辩论中提到的“结构性保障措施”是指什么?
-所提到的“结构性保障措施”包括弹劾程序、国会的监督、公众监督等,这些都是用来确保总统在任期内不会超越法律的机制。
为什么杰克逊法官对于总统可能获得的绝对豁免权表示担忧?
-杰克逊法官担忧的是,如果总统的行为得到绝对豁免,那么最强大的人将能够逃避任何惩罚,这与美国的法律原则相违背,可能会导致总统滥用权力。
Outlines
😮 特朗普律师在最高法院的争议辩护
特朗普的律师在美国最高法院辩称,特朗普即使出卖核机密、策动政变、接受外国贿赂或下令暗杀政敌,也应享有总统豁免权。这场论战基于特朗普试图推翻2020年选举结果的行为。在经历了多级法院的败诉后,此案最终上诉至最高法院。法庭上,多名法官通过假设性问题探讨了总统行为的法律界限,而特朗普的律师则坚持总统行为的绝对豁免权。这些争议凸显了法律对于总统职权的解释与限制的复杂性。
🤔 最高法院审理特朗普豁免权的激烈辩论
在美国最高法院的辩论中,讨论集中于总统是否应对其行为享有绝对豁免权。法官们询问了一系列极端情景,包括总统是否可以在不受惩罚的情况下出售核秘密或指令暗杀政治对手。特朗普的律师在回答中试图区分官方行为和私人行为,指出只有在官方行为中总统才可能享有豁免权。这一段通过描绘法院对这一问题的深入审查,反映出对总统权力的法律界定存在广泛的争议和挑战。
🧐 法官对总统豁免权的质疑
法官杰克逊通过与特朗普律师的对话,深入探讨了总统行为的公私界限,并质疑为何总统的官方行为应享有绝对豁免权。讨论触及到如果总统行为不受法律制约,可能导致滥用权力的严重后果。杰克逊法官强调,其他重要职位的人员在作出重大决策时仍需承担法律责任,质疑为何总统在执行官方职务时应有不同待遇。此外,她指出,如果没有刑事责任的威胁,总统可能会滥用职权。
😡 特朗普律师对官方行为的解释引发争议
本段视频强调了总统豁免权讨论的核心问题,即总统是否应对其官方行为完全免责。特朗普的律师在回答中似乎表明,在其定义下,即使是总统明显滥用职权的行为,也可能被视为官方行为并因此免受起诉。这种观点引发了广泛的法律和道德争议,关乎美国是否仍是一个法治国家。视频结束时强调了法治和反对无限权力的重要性,这是美国建国的基石。
Mindmap
Keywords
💡Donald Trump
💡United States Supreme Court
💡absolute presidential immunity
💡coup
💡nuclear secrets
💡political rivals
💡impeachment
💡official acts
💡constitutional
💡checks and balances
💡3-day blinds
Highlights
特朗普的律师向美国最高法院提出,即使特朗普偷取核秘密并出售,发动政变,接受外国官员贿赂,或命令军队暗杀政治对手,他也应该享有绝对总统豁免权。
这些论点是由前总统、共和党领袖在最高法院提出的,被描述为一种令人震惊的行为。
特朗普在下级法院败诉后,向华盛顿特区的联邦法院和DC巡回上诉法院提起上诉,最终上诉至最高法院。
在口头辩论中,大法官Sotomayor询问特朗普的律师,是否认为创建欺诈性选举人名单可以构成官方行为,从而享有豁免权。
特朗普的律师辩称,根据历史先例,总统在某些情况下可能享有豁免权,即使他们知道选举人名单是虚假的。
大法官Kagan询问,如果总统下令军队发动政变,这是否为官方行为,是否可以享有豁免。
特朗普的律师John Sour回应称,这可能取决于具体情况,如果是官方行为,总统需要先被弹劾和定罪。
大法官Kagan进一步探询,如果总统出售核秘密给外国对手,是否享有豁免权。
律师回应称,如果出售核秘密被视为官方行为,总统可能需要先经过弹劾和定罪程序。
当被问及总统使用军队暗杀政治对手是否允许时,律师表示这将取决于假设情况,但这种行为可能构成官方行为。
大法官Jackson质疑,如果世界上最有权势的人可以逍遥法外,这是否与美国的建国原则相悖。
Jackson强调,如果官方行为获得绝对豁免,我们就不需要区分私人行为和公共行为。
她提出,为什么总统在执行官方行为时不需要遵守法律,而其他人即使担任重要职位也必须这样做。
律师辩称,总统确实有责任遵守法律,但补救措施是弹劾和定罪,而不是个人易受伤害。
Jackson担忧,如果没有刑事起诉的威胁,总统可能会无所顾忌地犯罪。
律师提到历史上的先例和结构性保障措施,如弹劾和国会监督,作为防止总统滥权的保障。
讨论最后归结为一个核心问题:我们是一个法治国家,没有人可以凌驾于法律之上。
Transcripts
Donald Trump's lawyers argued to the
United States Supreme Court earlier in
the day that Donald Trump could steal
nuclear secrets and sell them that
Donald Trump could launch a coup against
the United States that Donald Trump
could accept bribes from foreign
officials and that Donald Trump could
order the military to assassinate his
political Rivals Donald Trump's lawyers
were making that argument in the United
States Supreme Court folks I never
thought as someone living in the United
States of America that it would get to
this the very fact that those arguments
are being made before the United States
Supreme Court by a former president by
the Republican leader this is a travesty
and don't take my word for it let me
show you the key moments during the oral
argument I'm only going to break it down
so you can just see the key moments from
this oral argument where Donald Trump
was arguing for
absolute presidential immunity for his
conduct and trying to overthrow the
results of the 2020 election after
losing in the lower courts Trump lost in
December before a federal court in
Washington DC Trump appealed it to the
next level Court which is the DC Circuit
Court of Appeals a 30 decision against
Donald Trump including from a
conservative judge ruling against Donald
Trump trump then appealed that to the
United States Supreme Court here during
the oral arguments Justice Soto mayor
asked Donald Trump's lawyer is it
plausible to you that creating a
fraudulent electoral slate would
constitute an official act that you
could have immunity for play the clip
apply it to the allegations here what is
plausible about the
president assisting in
creating a uh a fraudulent slate of
electoral candidates assuming you accept
the facts of the complaint on their
face um is that plausible that that
would be within his right to do
absolutely RoR we have the historical
President we site in the lower courts of
President Grant sending federal troops
to Louisiana and Mississippi in 1876 to
make sure that the Republican electors
got certified in those two cases which
deliver the election to Ruther for be
Hayes the notion that it's completely
implausible I just can't be supported in
the face of this indictment or even
knowing that the Slate is fake knowing
that the Slate is fake that they weren't
actually elected that they weren't
certified by the state he knows all
those things the indictment itself
alleges I dispute that characterization
the the indictment fixes the word label
to the so-called fraudulent lectures it
fixes the word fraudulent but that's a
complete mischaracterization on the face
of the indictment it appears that there
was no deceit about who had emerged from
the relevant State Convention iions and
this was being done as an alternative
basis but I want next up Justice Kagan
asks Donald Trump's lawyer John sour
what about if a president orders the
military to Stage a coup is that an
official act for which a president
should receive immunity play the clip
How about if a president um orders the
military to Stage a
coup I think that as the Chief Justice
pointed out earlier where there is whole
series of you know sort
of guidelines against that so to speak
like the UCMJ prohibits the military
from following a plainly unlawful act if
one adopted Justice alito's test that
would fall outside now if one adopts for
example the Fitzgerald test that we
advance that might well be an official
act and he would have to be as I'll say
in response to all these kinds of
hypotheticals uh has to be impeached and
convicted before he can be criminally
prosecuted but I emphasize to the court
well he's gone let's say this president
who ordered the military to jaku he's no
longer president he wasn't impeached he
couldn't be impeached um but but he
ordered the military to stage jaku and
you're saying that's an official act uh
I think it would depend on IM I think it
would depend on the circumstances
whether it was an official act if it
were an official act again he would have
to be imp what does that mean depend on
the circumstances he was the president
he um uh is the Commander in Chief um he
talks to his generals all the time and
he told the generals I don't feel like
leaving office I want to Stage a coup is
is is that immune if if it's an official
act there needs to be impeachment and
conviction beforehand because the
framers viewed the RI that that kind of
it's an official Act is it an official
act if it's an official act it's Impe is
it an official act on on the way you
described that hypothetical it could
well be I I just don't know you'd have
to again it's a fact specific context
specific determination that answer
sounds to me as though it's like yeah
under my test it's an official act but
that sure sounds bad doesn't it well it
certainly sounds very bad and that's why
the framers have and that's why the
framers have a whole series of
structural checks that have successfully
for the last 234 years prevented that
very kind of extreme hypothetical and
next up Justice Kagan says well what if
a president sells nuclear secrets you're
Donald Trump's lawyer do you believe
that selling nuclear secrets to a
foreign adversary do you get immunity
for that is that the position that
Donald Trump is taking right now before
the United States Supreme Court play the
clip uh if a president sells nuclear
secrets to a foreign adversary is that
immune that sounds like similar to the
bribery example likely not immune now if
it's structured as an official act he
would have to be impeached and convicted
first before what does that mean if it's
structured as an official act well I
don't know in the hypothetical whether
or not that would be an official act you
probably have to have more details to
apply the Blazing game uh analysis or
even the Fitzgerald analysis that we've
been talking talking about what about if
a president decides to use the military
to assassinate political Rivals are you
saying that that is allowed are you
saying that President should get
absolute presidential immunity for that
is that Donald Trump's argument is that
what you are asking us to uh hold today
as the United States Supreme Court play
the clip can be alleged but it has to be
proven mum in say is a concept
um viewed as appropriate in law that
there's some things that are so
fundamentally evil that they have to be
protected
against now I
think and and your uh answer uh below
I'm going to give you a chance to say if
you stay by it if the president
decides that his
rival is a corrupt person
and he orders the military or orders
someone to assassinate him is that
within His official acts that for which
he can get immunity it would depend on
the hypothetical but we can see that
could well be an official act it could
and why because he's doing it for
personal reasons he's not doing it at
like President Obama is alleged to have
done it to protect the country from a
terrorist he's doing it for personal
gain and isn't that the nature of the
allegations here that he's not doing
them doing these acts in
furtherance of an
official responsibility he's doing it
for personal gain I I agree with that
characterization of the indictment and
that confirms immunity because the
characterization is that there's a
series of official acts that were done
for an on immunity says even if you did
it for personal gain we won't hold you
responsible what do you how could that
be that's an extremely strong Doctrine
in this Court's case law in cases like
Fitzgerald well we go back to Justice
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Midas and here katoni Brown Jackson
Justice Jackson I think really lays it
out here and says if the most powerful
person in the world can get away with
anything isn't that the most
anti-American concept like wasn't our
entire country founded on a
rejection of that principle watch This
brilliant uh argument by Justice katangi
Brown Jackson here play this clip okay
thank you justice Jackson so I think I
Now understand better your position um
in in your discussions with Justice
Kavanaugh became clear that you are
saying that for the private acts of a
president there's no immunity
but for the official acts the president
there is immunity is that your position
I agree with that all right um so one
thing that occurs to me is that this
sort of difficult line drawing problem
that we're having with all of these
hypotheticals is this a private act or a
Public Act um is being necessitated by
that assumption because of course if
official acts didn't get absolute
immunity then it wouldn't matter we
wouldn't have to identify which are
private and which are public correct
that in fact is the approach of the DC
circuit there's no determination that
needs to be but I'm just I'm just making
so to the extent we're worried about
like how do we figure out whether it's
private or public we have to we have to
understand that we're only doing that
because of an underlying assumption that
the public acts get immunity so let me
explore that assumption um why is it as
a matter of theory and I'm hoping you
can sort of Zoom way out here that the
president um would not be required to
follow the law when he is performing his
official acts everyone else everyone
else there are lots of folks who have
very uh high-powered jobs who make a lot
of consequential decisions and they do
so against the backdrop of potential
criminal prosecution if they should uh
break the law in that um capacity and we
understand and we know as a matter of
fact that the president of the United
States has the best loyal in the world
when he's making a decision he can
consult with pretty much anybody as to
whether or not this thing is criminal or
not so why would we have a situation in
which we would say that the President
should be making official acts without
any uh responsibility for following the
law I respectfully disagree with that
characterization the president
absolutely does have responsibility he
absolutely is required to follow the law
in all of his official Acts but the
remedy for that is the question could he
be subject to personal vulnerability
sent to prison for making a bad decision
after he leaves office but but other
people who have consequential jobs and
who are required to follow the law make
those determinations against the
backdrop of that same kind of risk so
what is it about the president um I mean
I've heard you say it's because the
president has to be able to act boldly
do you know make kind of consequential
decisions I mean sure but again there
are lots of people who have to make life
and death kinds of decisions and yet
they still have to follow the law and if
they don't they could be sent to prison
etc etc so I say two things in response
to that both from Fitzgerald that's the
very uh uh sort of inference or
reasoning that this court rejected in
Fitzgerald no but let me just Fitzgerald
was a civil situation in which the
president actually was in a different
position than other people because of
the nature of his job the high profile
nature and the fact that he touches so
many different things when you're
talking about private civil liability
you know anybody on the street can sue
him we could see that the president was
sort of different than the ordinary
person when you say should he be immune
from civil liability from anybody who
wants to sue him but when we're talking
about criminal liability I don't
understand how the president stands in
any different position with respect to
the need to follow the law as he is
doing his job than anyone else he he is
required to follow the law and what not
if there's no criminal prose if there's
no threat of criminal prosecution what
prevents the president from just doing
whatever he wants all the structural
checks that are identified in Fitzgerald
and a whole series of this Court's cases
that go back to Martin against mot for
example impeachment oversight by
Congress uh public oversight there's a
long series of them Fitzgerald directly
addresses this in the Civil context and
we think that langage naturally PS I'm
not sure that's that that that's much of
a back stop and what I'm I guess more
worried about you seem to be worried
worried about the president being
chilled I think that we would have a
really significant opposite problem if
the president wasn't chilled if someone
with those kinds of powers the most
powerful person in the world with the
greatest amount of authority um could go
into office knowing that there would be
no potential penalty for committing
crimes I'm trying to understand what the
disincentive is from turning the Oval
Office into um you know the the the the
seat of criminal activity in this
country uh I don't think there's any
allegation of that in this case and what
George Washington said is what Benjamin
Franklin said is we view the prosecution
of a chief executive as something that
everybody cried out against as
unconstitutional and what George
Washington said is we're worried about
factional Strife which will no I'm Al
let me let me let me put this worry on
the table if the potential for criminal
liability is taken off the table
wouldn't there be a significant risk
that future presidents would be
emboldened to commit crimes with abandon
while they're in office it's right now
the fact that we're having this debate
because olc has said that presidents
might be prosecuted um presidents from
the beginning of time have understood
that that's a possibility that might be
what has kept this office from turning
into the kind of uh crime Center that
I'm envisioning but once we say no
criminal liability Mr President you can
do whatever you want
I'm worried that we would have a worse
problem than the problem of the
president feeling constrained to follow
the law while he's in office yeah I
respect and folks that gets to the heart
of the matter for me you know we can
talk about complex legal doctrines and
you could watch Donald Trump's lawyer
trying to you know make comments about
well there are structural safeguards in
place it's just a bunch of word salad
are we a nation of law
are we a country of Law and Order are we
a country where no one is above the law
how was our country founded this is
simple stuff I like how Donald Trump
laer goes well there was a conversation
where Benjamin Franklin one said this
there was a another conversation where
Benjamin Franklin was speaking to this
person and are you aware that uh in page
20 two of George Washington's diary that
George Washington had mentioned
look basic history the United States of
America was founded on the concept of We
the People not the king we were founded
on the rejection of absolute immunity
it's very simple a rejection of the
arbitrary and Limitless power of of
Kings that's what our country was
founded on and that's why our country
had been a beacon for the rest of the
world Donald Trump has spent his life
breaking things Donald Trump has spent
his life destroying things and his final
Act is to destroy our constitution to
destroy the presidency to destroy Common
Sense the case is now with the United
States Supreme Court will'll see what
they do but I hope showing you what
Donald Trump's lawyer said just you
hearing it on your own crystallized for
you at the very least what's at stake
I'm Ben melis from the midest touch
Network hit subscribe let's get to 3
million subscribers together thanks for
watching hit subscribe right now enough
send him to the big house not the White
House get the new exclusive te's mugs
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that's store. mitch.
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