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US President - above the law or not ?

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Re: US President - above the law or not ?

Postby erolz66 » Sat May 09, 2020 2:40 pm

Paphitis wrote:Trump has every right to stop such lunacy as anyone would. Anyone has the right to not provide private financials into personal affairs from any entities that don't have the authority to have access to them.


But not from those that DO have the authority to request such, hence the need to try the argument that 'The POTUS is above the law whilst in office'. The entities issued with subpoenas , Deutsche Bank and Mazars know these subpoenas are legal and validly issued by competent authorities with due jurisdiction. Which is why they have stated publicly that were the Supreme court to declare that it is not it's job to settle disputes between different branches of government, they WILL obey the subpoenas. That they will not do so only if the Supreme Court rules them illegal. Because basically they are legal and every court up to supreme court has ruled such already.
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Re: US President - above the law or not ?

Postby Kikapu » Sat May 09, 2020 3:19 pm

Paphitis wrote:
erolz66 wrote:
Paphitis wrote:Having lawyers arguing whether or not he is above the law is nonsensical. of course he isn't above the law but they need something to impeach him with and that conversation with the Ukrainian Government, the transcript of which has been released, is not something that will lead to a successful impeachment.


By saying that legal authorities can not legitimately subpoena information about his finances, because 'he is the president', he IS saying that he is above the law for as long as he holds the office of President. That is why this is now going before the Supreme Court. It was trump taking legal action to STOP a subpoena issued by a legal competent authority (2 different one actually) from being executed that has led to this ending up at Supreme court. All lower courts to date have ruled that he can not block subpoenas just because he is POTUS and each time they ruled such he appealed to a higher court. Hence why in few days the Supreme court will decide, finally with no further appeal process possible if they decided that actually the POTUS is not above the law just because he is POTUS. They may also 'fudge it' but that seems less likely to me give the arguments the Trump legal team has made to date in lower courts (and lost with).


Sorry, but I don't believe law enforcement has any right to subpeona any private financials from the POTUS or his former Trump Corporation Group unless they have evidence to accuse him of breaking any laws.

This is the POTUS who doesn't even earn a salary as he donates it back to the public purse.

Trump has every right to stop such lunacy as anyone would. Anyone has the right to not provide private financials into personal affairs from any entities that don't have the authority to have access to them.


Department of the Treasury of the Inland Revenue Service (IRS) already have all the information they need on every Americans and Resident Aliens bank accounts and Investment accounts, regardless if they are in the USA or abroad, and failure to report such accounts is a criminal offense.

All Supreme Court has to do is either refuse to hear lower courts ruling because there are no legal merits to do so in which the lower court’s decision stands or that there are legal merits to the case for the decision to be overturned. Not many times courts overturn lower courts decisions in Democratic countries unless there are issues with the legal merits to the case. It seems like in this case, all previous courts have all agreed against Trump’s legal arguments. I cannot see the Supreme Court reaching a different conclusion regardless the majority of Supreme Court Judges leaning slightly to the right. In the end, they will need to write their rulings as to why the lower courts legal merits were wrong if the case were to be overruled. Last thing the Supreme Court want is to be seen as that it is in Trump’s pocket. It won’t happen.
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Re: US President - above the law or not ?

Postby Paphitis » Sat May 09, 2020 4:18 pm

erolz66 wrote:
Paphitis wrote:Trump has every right to stop such lunacy as anyone would. Anyone has the right to not provide private financials into personal affairs from any entities that don't have the authority to have access to them.


But not from those that DO have the authority to request such, hence the need to try the argument that 'The POTUS is above the law whilst in office'. The entities issued with subpoenas , Deutsche Bank and Mazars know these subpoenas are legal and validly issued by competent authorities with due jurisdiction. Which is why they have stated publicly that were the Supreme court to declare that it is not it's job to settle disputes between different branches of government, they WILL obey the subpoenas. That they will not do so only if the Supreme Court rules them illegal. Because basically they are legal and every court up to supreme court has ruled such already.


Then who has requested this information, under what authority and what are the allegations that he is being investigated for?

In any normal jurisdiction, the only authorities that have this type of authority is ASIC under the corporations act and the Tax Office. And then only for the purposes of lodging tax returns, or for an audit or for allegedly having violated the corporations act.
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Re: US President - above the law or not ?

Postby Paphitis » Sat May 09, 2020 4:23 pm

Kikapu wrote:
Paphitis wrote:
erolz66 wrote:
Paphitis wrote:Having lawyers arguing whether or not he is above the law is nonsensical. of course he isn't above the law but they need something to impeach him with and that conversation with the Ukrainian Government, the transcript of which has been released, is not something that will lead to a successful impeachment.


By saying that legal authorities can not legitimately subpoena information about his finances, because 'he is the president', he IS saying that he is above the law for as long as he holds the office of President. That is why this is now going before the Supreme Court. It was trump taking legal action to STOP a subpoena issued by a legal competent authority (2 different one actually) from being executed that has led to this ending up at Supreme court. All lower courts to date have ruled that he can not block subpoenas just because he is POTUS and each time they ruled such he appealed to a higher court. Hence why in few days the Supreme court will decide, finally with no further appeal process possible if they decided that actually the POTUS is not above the law just because he is POTUS. They may also 'fudge it' but that seems less likely to me give the arguments the Trump legal team has made to date in lower courts (and lost with).


Sorry, but I don't believe law enforcement has any right to subpeona any private financials from the POTUS or his former Trump Corporation Group unless they have evidence to accuse him of breaking any laws.

This is the POTUS who doesn't even earn a salary as he donates it back to the public purse.

Trump has every right to stop such lunacy as anyone would. Anyone has the right to not provide private financials into personal affairs from any entities that don't have the authority to have access to them.


Department of the Treasury of the Inland Revenue Service (IRS) already have all the information they need on every Americans and Resident Aliens bank accounts and Investment accounts, regardless if they are in the USA or abroad, and failure to report such accounts is a criminal offense.

All Supreme Court has to do is either refuse to hear lower courts ruling because there are no legal merits to do so in which the lower court’s decision stands or that there are legal merits to the case for the decision to be overturned. Not many times courts overturn lower courts decisions in Democratic countries unless there are issues with the legal merits to the case. It seems like in this case, all previous courts have all agreed against Trump’s legal arguments. I cannot see the Supreme Court reaching a different conclusion regardless the majority of Supreme Court Judges leaning slightly to the right. In the end, they will need to write their rulings as to why the lower courts legal merits were wrong if the case were to be overruled. Last thing the Supreme Court want is to be seen as that it is in Trump’s pocket. It won’t happen.


Yes but they wouldn't have the authority to release that information to anyone unless there was an investigation in something.

We had a situation where our Federal Court just overturned a conviction of a Catholic Cardinal because the lower court had miscarried justice. This man was convicted on hearsay and the public sentiment and further investigations couldn't even place him at the crime scene.

So they overturned the conviction after he had served 404 days.

It was a clear case of an innocent man jailed because it was politically expedient to do so, not because he was guilty. It was the biggest miscarriage of justice ever and I predicted that his charges would be overturned because I read all the court notes and was scratching my head as to how the court could possibly convict but they did. They convicted him because they wanted a high ranking scalp from the Catholic Church. A man that was under consideration to be the Pope at one stage.

That is the purpose of the High Court. It's there as a counter balance to ensure proper due process.

Trump and anyone for that matter has the right to take anything to a higher court, especially someone like Trump who is the POTUS and whereby the legal system is easily influenced especially if they are against him.

Just like when Congress had a bogus impeachment attempt which had to be heard by the Senate and consequently overturned.
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Re: US President - above the law or not ?

Postby Kikapu » Sat May 09, 2020 4:37 pm

Paphitis wrote:
Kikapu wrote:
Paphitis wrote:
erolz66 wrote:
Paphitis wrote:Having lawyers arguing whether or not he is above the law is nonsensical. of course he isn't above the law but they need something to impeach him with and that conversation with the Ukrainian Government, the transcript of which has been released, is not something that will lead to a successful impeachment.


By saying that legal authorities can not legitimately subpoena information about his finances, because 'he is the president', he IS saying that he is above the law for as long as he holds the office of President. That is why this is now going before the Supreme Court. It was trump taking legal action to STOP a subpoena issued by a legal competent authority (2 different one actually) from being executed that has led to this ending up at Supreme court. All lower courts to date have ruled that he can not block subpoenas just because he is POTUS and each time they ruled such he appealed to a higher court. Hence why in few days the Supreme court will decide, finally with no further appeal process possible if they decided that actually the POTUS is not above the law just because he is POTUS. They may also 'fudge it' but that seems less likely to me give the arguments the Trump legal team has made to date in lower courts (and lost with).


Sorry, but I don't believe law enforcement has any right to subpeona any private financials from the POTUS or his former Trump Corporation Group unless they have evidence to accuse him of breaking any laws.

This is the POTUS who doesn't even earn a salary as he donates it back to the public purse.

Trump has every right to stop such lunacy as anyone would. Anyone has the right to not provide private financials into personal affairs from any entities that don't have the authority to have access to them.


Department of the Treasury of the Inland Revenue Service (IRS) already have all the information they need on every Americans and Resident Aliens bank accounts and Investment accounts, regardless if they are in the USA or abroad, and failure to report such accounts is a criminal offense.

All Supreme Court has to do is either refuse to hear lower courts ruling because there are no legal merits to do so in which the lower court’s decision stands or that there are legal merits to the case for the decision to be overturned. Not many times courts overturn lower courts decisions in Democratic countries unless there are issues with the legal merits to the case. It seems like in this case, all previous courts have all agreed against Trump’s legal arguments. I cannot see the Supreme Court reaching a different conclusion regardless the majority of Supreme Court Judges leaning slightly to the right. In the end, they will need to write their rulings as to why the lower courts legal merits were wrong if the case were to be overruled. Last thing the Supreme Court want is to be seen as that it is in Trump’s pocket. It won’t happen.


Yes but they wouldn't have the authority to release that information to anyone unless there was an investigation in something.

Absolutely!
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Re: US President - above the law or not ?

Postby erolz66 » Sat May 09, 2020 8:32 pm

To me the DoJ deciding to drop charges against General Flynn because that is now not politically convenient for Trump, is yet further evidence of a systematic attempt to erode the 'rule of law' in the US under this Trump administration. Yes there were flaws in the instigation of him to varying degrees but he CONFESSED to a CRIME. When I compare that to confession to that of Brendan Dassy, to give one widely known example, that has to date been deemed sufficient to incarcerate him for life vs Flynns's confession now being deemed simply irrelevant by the DoJ, I have to question the reality of the 'rule of law' in the US and 'everyone is equal in the eyes of law' even more than I have always questioned such things. I personally see systematic contempt from Turmp and his administrations for such things and systematic attempts to erode them under his watch and I do not need ANY media to reach that conclusion, be it mains stream or not, liberal or not.
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Re: US President - above the law or not ?

Postby repulsewarrior » Sat May 09, 2020 8:48 pm

$50,000 from Russia, $500,000 from Turkey, and how many others: this to Flynn, alone.

...clearly, there is ''a swamp''; the bigger question is, who else?

And Trump calls this man a hero (now).
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Re: US President - above the law or not ?

Postby Paphitis » Sun May 10, 2020 1:47 am

erolz66 wrote:To me the DoJ deciding to drop charges against General Flynn because that is now not politically convenient for Trump, is yet further evidence of a systematic attempt to erode the 'rule of law' in the US under this Trump administration. Yes there were flaws in the instigation of him to varying degrees but he CONFESSED to a CRIME. When I compare that to confession to that of Brendan Dassy, to give one widely known example, that has to date been deemed sufficient to incarcerate him for life vs Flynns's confession now being deemed simply irrelevant by the DoJ, I have to question the reality of the 'rule of law' in the US and 'everyone is equal in the eyes of law' even more than I have always questioned such things. I personally see systematic contempt from Turmp and his administrations for such things and systematic attempts to erode them under his watch and I do not need ANY media to reach that conclusion, be it mains stream or not, liberal or not.


The charges were dropped because there was no evidence at all of any collusion with Russia.

That was whu he was charged in the first place. The FBI was also found to have fabricated some evidence.

In addition to that, General Flynn has information related to the last Presidential Candidate Hillary Clinton which was the real reason why they wanted to shut him down.
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Re: US President - above the law or not ?

Postby Paphitis » Sun May 10, 2020 1:49 am

repulsewarrior wrote:$50,000 from Russia, $500,000 from Turkey, and how many others: this to Flynn, alone.

...clearly, there is ''a swamp''; the bigger question is, who else?

And Trump calls this man a hero (now).


He received nothing at all from Russia or any other country.

The guy is actually a war hero and patriot to his country.

The charges were dropped legally and after due process finally! This was an attempt to overturn the 2016 election.
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Re: US President - above the law or not ?

Postby Paphitis » Sun May 10, 2020 2:03 am

It's been absolutely hideous to try and smear the good name of someone who has served their country with total dedication and integrity.

The charade is finally ove, the innocent are now free, but, the guilty remain free (Hillary Clinton).

What ever happened to the 30,000 emails on a personal server> Important USG files and property now deleted by a real criminal.
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