The Court and the parties discussed everything but the specific question presented.
That question is simply whether a former President of the United States may be prosecuted for attempting to remain in power notwithstanding the election of his successor by the American People.
thereby also depriving his lawfully elected successor of the powers of the presidency to which that successor became entitled upon his rightful election by the American People -- and preventing the peaceful transfer of power for the first time in American history.
It is not even arguably a core power or function of the President of the United States to ensure the fairness, accuracy, and integrity of a presidential election.
Let alone is it a core power or function of the President of the United States to ensure the proper certification of the next president by the Congress of the United States. Neither of these is a power or function of the president at all.
In fact, the Framers of the Constitution well understood the enormous potential for self-interested conflict were the President to have a role in these fundamental constitutional functions.
Consequently, they purposely and pointedly withheld from the President any role in these fundamental constitutional functions.
To whatever extent the Framers implicitly provided in the Executive any role whatsoever in these fundamental constitutional functions, it was a limited role for the Executive Branch,
through the Department of Justice, to inquire into allegations of fraud in presidential elections and ensure that the election was free, fair, and accurate.
The former president’s Department of Justice did just that and found that there was no fraud sufficient to draw into question the results of the 2020 presidential election.
The former president of course has refused to this day to accept that finding by not only his own Department of Justice, but also countless others of his closest advisors.
Whether undertaken in his or her “official,” “candidate,” or “personal” capacity, a President of the United States has never been and can never be immune from prosecution (after leaving office),
@judgeluttig +consultants hired by Conrade Donald’s own campaign
@judgeluttig The former president knows his followers refuse to accept it. So he continues the lie.