Marbury is a personal friend of his

Poor Trump, he can’t even get Brett Kavanaugh to agree that he has the powers of an absolute monarch.

A Washington, D.C., appeals court issued a blistering takedown Tuesday of Donald Trump’s arguments that he has “presidential immunity” against criminal proceedings—including a savage citation from Supreme Court Justice Brett Kavanaugh.

Trump has repeatedly insisted that he cannot be prosecuted for trying to change the 2020 election results because he has presidential immunity. One of his arguments is that the separation of powers prevents state and federal officials from judging official presidential acts. He claims that the 1803 Supreme Court case Marbury v. Madison established this precedent.

But “former President Trump misreads Marbury and its progeny,” the three-judge panel said in its ruling.

Hahahahaha of course Trump doesn’t read it at all, mis or otherwise. That’s legalese for “Trump’s lawyers are trying to bend Marbury to their purposes.” It’s a good joke though.

The judges then quoted one of those progeny cases, the 1882 ruling in United States v. Lee. The majority opinion in that case stated, “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it.”

What’s more, “that principle applies, of course, to a president,” the judges wrote, citing Kavanaugh’s concurring opinion in the 2020 case Trump v. Vance, in which the Supreme Court ruled that Manhattan District Attorney Cyrus Vance could access Trump’s tax records as part of his investigation into alleged hush-money payments to Stormy Daniels.

The judges’ decision to cite Kavanaugh, even fleetingly, is both clever and devastating. Trump and his legal team have previously hinted that the justice, a Trump appointee, owes the former president some sort of loyalty. But the appeals court ruling shows that Kavanaugh operates independently from Trump.

I’m sure Trump handled the disappointment like an adult.

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