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FACT CHECK: Biden’s 5 Lies About the Supreme Court’s Ruling on Trump’s Immunity

Posted on Wednesday, July 3, 2024
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by Outside Contributor
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On Monday, President Biden delivered a surprise four-and-a-half minute address condemning the Supreme Court’s decision in Donald Trump v. The United States released that morning.

Special prosecutor Jack Smith has alleged that Trump conspired to overturn the 2020 presidential election by “spreading knowingly false claims of election fraud.” Trump’s legal team argued that the allegations made by Smith fell under “the outer perimeter” of Trump’s official duties as president, and he was therefore immune from prosecution (so the charges should be summarily dismissed).

The Supreme Court ruled that a former president is “presumptively” immune from prosecution for any “official” duties of the president of the United States, but he may be prosecuted for “unofficial” actions.

Biden began his address by stating that no one, not even the president, “is above the law,” but then falsely asserted that “with today’s Supreme Court decision on presidential immunity—that fundamentally changed.”

1. ‘Virtually No Limits’

“For all…for all practical purposes, today’s decision almost certainly means that there are virtually no limits on what a president can do,” Biden claimed.

This accusation is objectively false.

In the opinion, Chief Justice John Roberts wrote that the president of the United States may not be prosecuted for duties he carries out under his constitutional authority, but may be prosecuted for all other actions.

While Biden claims that this decision is a “new principle” that sets a “dangerous precedent,” there is little evidence in the decision showing a deviation from tradition in the Supreme Court’s interpretation of a president’s vulnerability to prosecution. In fact, Roberts cites a range of historical decisions from Chief Justice Marshall rebuking President Thomas Jefferson over submission to subpoenas to parsing the separation of powers in United States v. Nixon.

In short, Roberts outlined a detailed opinion, grounded in the Constitution and legal precedent, that defines presidential immunity and its limits to only official duties assigned to the executive branch by the Constitution.

Roberts argues that “the outer perimeter” of a president’s duties as claimed by the defense were unclear—not deeming them “official” or “unofficial,” and so kicked the decisions regarding these details to the lower courts.

2. ‘Self-Imposed Limits’

Biden further claimed that “the power of the office will no longer be constrained by the law, even including the Supreme Court of the United States. The only limits will be self-imposed by the president alone.” He later reiterated this claim, stating “The law would no longer” define “the limits of the presidency.”

This is objectively false. No passage in the 119-page document gives the president the authority to define “official” and “unofficial” actions to avoid prosecution and assign himself unlimited power.

Biden continued by characterizing Monday’s decision as what he considers to be a trend of “attacks” on a “wide range of long-established legal principles in our nation, from gutting voting rights and civil rights, to taking away a woman’s right to choose, to today’s decision, that undermines the rule of law in this nation.”

The Supreme Court has not “gutted” voting rights or civil rights of any kind. Every citizen of the United States retains equal voting rights at the age of 18, the most a U.S. citizen has ever enjoyed in U.S. history. There is no poll tax to vote, nor a sex or ethnicity requirement. Every citizen maintains sovereign franchise at the ballot box—with noncitizens even allowed to vote in some local elections.

Furthermore, granting presidents immunity from prosecution for their official acts clearly falls within the Supreme Court’s precedents and does not constitute a reversal from “long-established legal principles.” As Chief Justice Roberts wrote in his opinion, the U.S. “has never before needed an answer” to the question of when a former president may “be prosecuted for official acts taken during his presidency.”

The aberration is the prosecution, not the decision that some official acts are immune from it.

4. Sending ‘a Violent Mob’

Biden accused Trump of sending “a violent mob to the U.S. Capitol to stop the peaceful transfer of power.” 

Two tweets on Jan. 6, 2021, counter this claim, showing Trump calling for protesters to remain “peaceful” and to “support our Capitol Police and Law Enforcement.”

Biden asserted that Americans deserved to see Trump “answer” in court for these actions “before Election Day.”

“The public has a right to know what happened on Jan. 6 before they’re asked to vote again this year,” Biden said. “Now, because of today’s decision, that is highly, highly unlikely.”

It is unclear whether a different decision would have prolonged or expedited a trial date for Trump, much less ensured a trial by Nov. 5.

Biden then called for Americans to “do what the courts should have been willing to do, but will not: the American people have to render their judgment about Donald Trump’s behavior.”

The Supreme Court did not dismiss the Trump v. The United States lawsuit, but clarified terms of immunity so a lower court could render its decision. No court has refused to render a legal decision regarding the legality of Trump’s behavior.

5. ‘I Will Respect the Limits’

“I know I will respect the limits of the presidential powers as I have for the last three-and-a-half years, but any president—including Donald Trump—will now be free to ignore the law,” he added. He closed by echoing Justice Sonia Sotomayor’s dissension, suggesting that the president is now a “king” and “above the law.”

Biden has not respected the limits of presidential power, however, and the Supreme Court has called him out on it, proving that the president is not a king.

When Biden sought to unilaterally “forgive” billions in student debt, the Supreme Court struck down his first attempt. He responded by issuing executive orders to dismiss even more debt.

Biden concluded the press conference by encouraging all Americans to “dissent” along with Sotomayor, and then walking away from the podium, refusing to take any press questions.

Tony Kinnett is an investigative columnist for The Daily Signal and a radio host at WIBC in Indianapolis.

Reprinted with Permission from The Daily Signal – By Tony Kinnett

The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.

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Neil Gipson
Neil Gipson
10 days ago

Buyden$ is a demonic corrupt Luciferian Nazi democrat, therefore a liar like his god Satan! JFB would rather climb a tree and tell a lie, than stand on the ground and tell the truth!

Russ
Russ
10 days ago

AMAC better hire more staff if they are going to start fact checking Biden and his administration.

Aaron Mirror
Aaron Mirror
10 days ago

Joe, give back the 10s of millions of dollars you took from China, Russia, Ukraine.
You are a liar and took bribes, gave away billions you had no power to buy votes.
The courts do not make political decisions and presidents don’t have the authority to use the courts to punish their political opponents.

anna hubert
anna hubert
10 days ago

He to whom the law does not apply who does as he sees fit who bulldozes his insanities through is the last one to speak When was the last time anything he said made sense or had any logic

BOB Bob
BOB Bob
10 days ago

the man is clearly demented

Marilyn
Marilyn
10 days ago

Biden is dangerous… the most dishonest, disingenuous, shill of a ‘president’ we have ever seen take over our government. He IS ALL of those things he just accused of President Trump… especially A KING ABOVE THE LAW… Credit Card Joe.

Phillip Nagle
Phillip Nagle
10 days ago

Obama ordered a drone strike that he knew would kill an American citizen working with Arab terrorists. Without the kind of immunity normally given to presidents, Obama could be charged with murder. Of course when it comes to things like immunity, the Democrats think only they are entitled.

pamela
pamela
10 days ago

This man we call our president is the divider in chief. He will do anything possible to retain power. He claims the republicans are doing what he has been doing forever! I could not imagine people agreeing with him. Just awful words that come out of his mouth if he can even speak. I worry about the next months we have to preside under this administration until we can get a new one.

Thinking
Thinking
10 days ago

Obiden lost. The Supreme Court didn’t want to be drawn into the web ole Joe spread out to catch Trump to get rid of him as his opponent in the coming election. Jack Smith’s case was already weak and now this. They started all this with lies about Jan 6. The election was a fraud. Just because none of the courts would take the fraud charges Trump and his lawyers were filing in various states, doesn’t mean that there was no fraud. We saw it over and over again. We followed the computer tallies going to computers in Germany to make the ballots count for Obiden. The MSM always says that Trump claimed that there was fraud during the election. Which he knew to be false. That hasn’t been proven. And for the past 3.5 years Obiden has blamed Trump for everything. Especially his failures at the border, Afghanistan, Economy, gasoline prices, inflation, utility increases and that he couldn’t hold his own in the debate. You know all those cheap fake news videos. That ole Joe has been confused and suffers from dementia, no one will ever admit that. Because what we see with our own eyes or hear with our own ears, the left will tell you it is “cheap fake news”. We are being gaslighted and lied to every day of the week and twice on Sunday. Trump never said go and break into the capitol. All we wanted was to be heard. If there is anyone that has destroyed this country it is ole Joe, with the help of O and White House advisors and the MSM for the propaganda and Soros to buy judges and governors and jurors. They treat Magas and anyone not voting for ole Joe as an enemy. That needs to be defeated. No we have to win in November will we keep America as the land of the Free and home of the Brave.

Spruill
Spruill
10 days ago

Joe Biden is clearly the worst President of the United States of America in our history, but he’s not the most dangerous. That title is held by Barack Husein Obama. Biden’s done more damage to America than anyone, since FDR, who started the Socialization of this country. As a believing Christian, I sadly see Biden burning in Hell for eternity. I say “sadly”, because I wish no one that fate, even Hitler, Stalin, or Mao or any other murdering piece of raw sewage.

Veteran John Victorine
Veteran John Victorine
10 days ago

Biden is a (Puppet))
{NOT }}!!!!
Our President !!!!!!!
Sorry America ????????????

Lynne
Lynne
10 days ago

Says the dictator……

Dr. Sam Adams
Dr. Sam Adams
10 days ago

Election Day is the only day that legitimate votes should be counted, not one second after the allotted time. The Imbecile Biden was trailing Trump, and the counting was stopped so that the computers counting the votes could be “doctored in their programming” to adjust the corrupt votes for this jackass. This is a Regime composed of vain, evil deceivers and lairs.

Frances O'Toole
Frances O'Toole
10 days ago

Great news article. True facts. Thank you.

conservatively
conservatively
10 days ago

Biden is so full of caca-del-toro, his eyes are turning brown! Could not believe the dem-jackasses gnashing their teeth, wringing their hand, uncontrollably weeping, wailing….oh the humanity. Who was that woman, she around 65, blonde, in D.C. who stated that NOW Pres. Trump can call in the military to “…kill all the liberals on the SCOTUS?!?!” What a stupid woman, she is!!! She is right “down” there with Maxine Waters in California who told people not to let Republicans, ANY of them, shop, eat, go to a movie without being harassed, threatened, frightened they were going to be attacked!! I think Maxine, who lives very well, she doesn’t hob-knob with the riff-raff she “represents” in Congress, who definitely do not live well!! Maxine & this blonde dumb bell should be arrested & charged with inciting bodily harm!!

Ray Doyle LFP, WA
Ray Doyle LFP, WA
10 days ago

biden is sad. aaaww that is too bad. all of his schemes and dreams are falling apart

All of the years of corruption are coming into focus and there is little chance his family will not suffer for his crimes. Obama’s fourth term as president is fading fast..

Yup its all falling apart.

Philip Seth Hammersley
Philip Seth Hammersley
10 days ago

SCOTUS opinion allows immunity ONLY for “core Constitutional” activities! I can’t see anything in the CONSTITUTION that allows assassinations, rapes, etc. Just like Schumer’s THREATS caused a nut to attempt to kill a SCOTUS justice, these new BS statements will turn one of the DIMM nuts (of which there are many) into a terrorist carrying out some mayhem on SCOTUS or MAGA members!
BTW, Barry O did ASSASSINATE a US citizen with a drone attack–should he be tried for murder?

Jimmy P
Jimmy P
10 days ago

What an abject loser this so-called President is. One could subpoena all VOTERS from the 2020 election to find out their choice. I guarantee that the number of individuals who voted for Biden would NOT equal 81 million. Not in a million years.

JPT
JPT
10 days ago

A legend in his own mind and disrespectful to the Supreme Court, US Citizens, and most of all The United States of America…
… on a lighter note – I’d like to see DJT and JRB at the driving range competing. I’d put $50 down that Brandon can’t even bend over to put a ball on a tee let alone swing the club and hit the ball.

Stephen Russell
Stephen Russell
10 days ago

ALL Biden does is Lie

Rick from Maine
Rick from Maine
10 days ago

I must agree with one thing Biden said ““The public has a right to know what happened on Jan. 6 before they’re asked to vote again this year,” Biden said. “Now, because of today’s decision, that is highly, highly unlikely.”” We do have the right to see what really happened on Jan 6, but the Democrat party and their minions have been blocking the truth about the protest as well as the voting “irregulates”. I believe that if the truth was revealed that the political prisoners would be freed and many politicians would be taking their rightful place behind bars.

P2burner
P2burner
10 days ago

…“I know I will respect the limits of the presidential powers as I have for the last three-and-a-half years, but any president—including Donald Trump—will now be free to ignore the law,” he added….”
This from the guy that BRAGGED about defying the SCOTUS decision about student loans. Please remind him that he is NOT allowed to pick and choose laws depending on the current faction he chooses to pander too.

Tim Blaney
Tim Blaney
10 days ago

It will be a day of celebration when the lying Biden administration is voted out of office.

JDC
JDC
10 days ago

The Left Wing Progressive radicals who have High Jacked the democratic party, Act and think that an new Article or New Amendment has been ratified and added to the Constitution?????
All that has been done by the Justices is upholding the Already Written 25th Amendmant in the Constitution. This Defines these Radicals are out to Demolish our Republic and constitution.
If you have noticed they Always Refer to Democracy NEVER the Republic. We are a Republic government run by The People For The People. NOT A DEMOCRACY!
Our system is operated Democratically, There Is a Difference!

Rick
Rick
10 days ago

Where do we dig up these 3 years olds in a grown body to lie and govern as it suits them. Worse President ever, it is Biden of course.

Franklin Werkheiser
Franklin Werkheiser
10 days ago

Bidens 5 lies? His whole 4 years as well as his whole political career have been nothing but LIES. Obama’s 8 years were also nothing but Fabricated Lies because the facts introduced proved that he was born in Indonesia and only moved to Hawaii when he was 12 or 13. His mother even relinquished her US citizenship while she was pregnant with OBO so she could live in Indonesia with OBO’s father and raise him there. In fact, the entire Far Left that controls the democratic party lives off the lie and they all belong in prison. There are a heck of a lot more than 5 lies.

JDC
JDC
10 days ago

Every Polling Station in our country should be monitored like a Hawk….. cause you know that corruption in this election is going to be tried, in efforts to Thwart the out come of the Election.
They should only allow votes that come in on the day of voting, When Polls Close Thats It No More Counted Votes.
With All the Mail in voting and Early Voting Allowed there is No Need To Allow Ballots to be Counted After Polling Times.
Ther should more Accountability at Our Polls and over seen Great Scrutiny!!!!

Robert Zuccaro
Robert Zuccaro
10 days ago

Well, you have to excuse him due to the same reason he had a “bad night” at the debate: he has a cold, he’s jet-lagged from two official trips to Europe, the coffee in the debate green room was decaf, and the moon was NOT in it’s Seventh House so Jupiter did NOT align with Mars. You know… the usual.

Nick
Nick
10 days ago

It is absolutely mind-boggling that Biden does not understand but if this ruling came back in the other way he would be legally responsible for the disastrous withdrawal from Afghanistan. That would include personal responsibility for the death of 13 of our soldiers. He can be prosecuted for every decision he’s made that was bad. He is so freaking stupid he doesn’t understand that the immunity afford it to Donald Trump also protects him and his bad decisions he has made. Democrats are inherently stupid.

James Rowland
James Rowland
10 days ago

What else could we expect from the most dishonest and corrupt POTUS we have early had? I find it telling that the Dems. chose the two most corrupt and dishonest politicians to run for President in consecutive elections; Hillary Clinton the Biden.

Tom
Tom
10 days ago

Per Biden ” no one is above the law”! Does that mean that Mr. Hur’s lack of prosecution when Mr. Senator Biden stole classifi documents. He is not above the law. Can’t seem to find age limits, or aaaaa we beat medicare notes or flight lag in the law.
There must be work hours. 10 am to 4 pm. Minus 15 min before noon , 1 hr for lunch and another 15 min after lunch or a solid 4 hour day. Minus of course Friday and Monday as he goes home on Friday and come back on Monday

Pat R
Pat R
10 days ago

“…the American people have to render their judgment about Donald Trump’s behavior.” And that they will on November 5th.

Fred Noel
Fred Noel
10 days ago

With all the wrong doing Joey and Obama have done in office. They should be greatfull for this ruling.

lawrence greenberg
lawrence greenberg
10 days ago

Leftist ideology and the Leftist agenda are, and have always been, based on lies, misinformation, and deception. The greatest enemies of the Left are truth, facts, and reality. Biden, like all Communists – er, I mean Democrats – must lie constantly, and about everything. Telling the truth about anything would expose him and them as the liars and frauds that they are and have always been. And they will NEVER allow that to happen.

Theresa Coughlin
Theresa Coughlin
10 days ago

Did Biden actually read the opinion before he got in front of the cameras? Apparently not!

conservatively
conservatively
10 days ago

That picture of Brandon, gazing out the window, looking at the trees, is what he does best…..he POSES!! I think he’s trying to remember where he is!! They prop him up, take his picture and hope that the voters will say….look how great he looks!! HA!!!! It’s all FAKE pictures!!!

conservatively
conservatively
10 days ago

Remember…..THIS is the man who stated that Hunter is the “smartest person he knows!!”……Joe, you really need to widen your circle of “people you know!” Now Hunter wants us to believe that he attends meetings with his father……NOBODY VOTED HUNTER INTO OFFICE!!!

Oldclimber
Oldclimber
10 days ago

So why would BloJoe have exception to that court ruling ??? Because he already has that immunity in the Demorat apparatchiks that vastly outnumber Republicans, and he’s covered by the Communist media. Legal or not. And he doesn’t want that immunity extended to Trump or Republicans.

michaelR
michaelR
10 days ago

Everyone gas to remember, Biden doesn’t pen or write ANY of his nonsensical statements. All that crap he spoon fed his party followers, is the exact same trash he’s been spewing since day one. That four minute tirade of nonsense is about how long he can go before his democrat brain starts slipping into it’s normal state of silly putty. It’s ALL scare tactic trash that goes unreported by the foul,…. lame stream fake news media as well. .

Ronald
Ronald
10 days ago

I bet he has forgotten everthing the teteprompter had on it already. November can’t get here soon enough. What is real scary is the democrats pushing for the first black women president now!! Vote them all OUT. Save our children. PLEASE!!

Summer Sands
Summer Sands
10 days ago

The Democratic Party is dead and has been for decades. Lyin’ joe biden and the rest of his vile ilk are proof of it in spades. All they know is to lie. In all the years I’ve seen lyin’ joe in office, he’s done nothing but lie and BS the American Citizens. He wouldn’t know the truth if it stood in front of him and kicked him in the zipper.
How this cellar-dweller was voted into office will always be a sham and nothing but voter fraud for me. No one will ever be able to convince me that lyin’ joe got more votes than obama while campaigning from his basement…LOL
This guy is the ultimate shyster. Everything that comes out of his mouth is nothing but lies and BS. He, and the rest of the demoncraps, love spouting that “No one is above the law” nonsense, but they seem to skate by on every illegal thing they do. Not one of them has been held accountable for the crimes. I blame a lot of this on the Republicans, who’ve done nothing for decades but sit on their thumbs, spin, and blow bubbles. We the People are equally complicit because we keep voting these cretins back into office. Wake up and get these traitors out of office folks. If you don’t, you’re going to lose your freedom and become servants to a socialist/communist tyrannical master sitting in the united nations

Molly
Molly
10 days ago

Dems are “inherently stupid” you said. That is so right even though it is grossly understated. Who else except democrats would decide a senile old man should/could be president without even checking to see exactly how demented he is then expect non-democrats to vote for him. They were reported to be “so surprised” at Biden’s performance at the debate it made me wonder if they are either purposely oblivious to his mental and physical condition or if they just don’t care who they foist on America. Either one takes a special kind of stupid and democrats rank #1 for being that. This is just one more (of many) stupid decisions democrats make without ever considering “then what”. Increase the minimum wage to $25/hr, defund the police, make drugs legal, open our border to illegals and drugs, pay people to poop on the sidewalks and openly do drugs and sex, lie about everything – it goes on and on and we taxpayers are the ones who pay the price for those decisions.”Inherently stupid” doesn’t even come close!

Brooke
Brooke
10 days ago

I’d like to know what planet he’s living on!

Morbious
Morbious
10 days ago

The modern democratic party is based on the central marxist lie that socialism/ communism is the highest state of human existence.

Jimmy P
Jimmy P
10 days ago

I seriously doubt Biden will even be able to make it to President Trump’s inauguration in January.

Lauramerrone
Lauramerrone
10 days ago

I’ve never seen anyone that lies to get and retain power as much as Biden. Definitely forerunner of the Antichrist…

Danielle
Danielle
7 days ago

Idiot

Fredric Ducolon
Fredric Ducolon
10 days ago

No double standards

DPickhardt
DPickhardt
10 days ago

All he does is read’em… he doesn’t write’em

William Cunningham
William Cunningham
6 days ago

Every citizen maintains sovereign franchise at the ballot box—with noncitizens even allowed to vote in some local elections.
Why aren’t y’all screaming bloody murder over this ridiculous statement??? No way in hell should any non-citizen be allowed to vote for anything. In fact, when taking the census only citizens should be counted concerning representation in congress. And while I am at it, if parents are not citizens, worse illegal aliens, being born with the confines of the USA does NOT make the individual a citizen: PERIOD.

Secret Service agents rush Donald Trump off the stage.(AP: Evan Vucci)
President Joe Biden greets President of the People’s Republic of China Xi Jinping, Wednesday, November 15, 2023, at the Filoli Estate in Woodside, California.(Official White House Photo by Carlos Fyfe)
President Joe Biden speaks on the phone with Texas Lt. Gov. Dan Patrick to discuss his approval of a FEMA disaster declaration in response to the impacts of Hurricane Beryl, Tuesday, July 9, 2024, in the Oval Office of the White House. (Official White House Photo by Adam Schultz)

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