Rule Five Toobin Friday

No, it’s not about that. While it’s hard to mention Jeffrey Toobin, AKA “Onan the Barbarian” without mentioning his online masturbatory escapades, today we’re going to talk about his jerking off discussion of the delay in former President Trump’s J6 trial.

Legal analyst Jeffrey Toobin said Monday he expects the federal election subversion case against former President Trump will never head to trial, after the Supreme Court ruled core presidential powers are immune from criminal prosecution.

“It’s a big, big victory for Donald Trump,” Toobin said on CNN’s “AC360,” referring to the 6-3 ruling that sends Trump’s federal election case back to district court to determine whether his acts leading up to Jan. 6, 2021, merit protection.

“It means that the January 6 case — the case before Judge Chutkan in the District of Columbia — is, at a minimum, delayed until after the election, but I think will never be tried,” he continued.

I never thought I’d find myself agreeing with Mr. Harry Palms here, but he may well be right.  Histrionics from the left aside, this is a big win for Trump, and it should be noted, the Supreme Court decision refers only to the legal acts of a President; it doesn’t hand them carte blanche to go after political rivals.  The incumbent, befuddled old Joe Biden, can’t send Seal Team Six after Trump (I’m guessing they would refuse that order in any case) and Trump will not be able to do likewise, when he wins re-election.

King Onan continues:

Toobin noted Chief Justice John Roberts’s majority opinion specified that official conduct cannot even be part of the evidence presented when prosecuting unofficial acts, making it difficult to find admissible evidence to support the case.

Toobin also said the “official conduct” definition is so broad that it “seems to eat up the entire indictment, in my view, in the Jan. 6 case.”

“So, I think, either Judge [Tanya] Chutkan, or an appeals court or the Supreme Court will wind up dismissing the January 6 case, because it involves official conduct,” he said.

We can hope.

This is, after all, a case that never should have been brought.  Whatever one thinks of Donald Trump, it was abundantly clear that on January 6th, 2021, he made a very clear statement to his supporters that they should make their voices peacefully heard.  He did not incite violence, and what did result, in any case, was little more than hooliganism.  There was only minor property damage and not one member of Congress, not one staffer, was ever in any danger from the protesters.

Here’s the money shot description of the Supreme Court’s ruling:

In the majority opinion, Roberts wrote that former presidents have broad immunity from prosecution — a decision that stopped just short of granting Trump the total immunity he sought, but that nonetheless helped him by likely delaying that trial beyond the November election.

The decision also took a sledgehammer to some of special counsel Jack Smith’s indictment of Trump, determining various actions Trump took to remain in power after losing the election were indeed protected.

“At least with respect to the president’s exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is entitled to at least presumptive immunity,” Roberts wrote in his majority opinion.

“There is no immunity for unofficial acts,” the court determined elsewhere in the opinion.

No immunity from unofficial acts. The president has immunity from prosecution for official acts – acts that are part of his role as defined in the Constitution.

Those acts do not include inciting violence, which Trump did not do – nor do they include sending the military out on death-squad raids looking for political opponents, as some on the left are whining about.

What’s really amazing about this whole piece is that I ended up agreeing, at least on the details, with something said by Onan the Barbarian. I should mark this day on the calendar.