Some of the evidence that Jack Smith has put together involve some form of Trump’s official capacity. for instance, the Times notes that one of the points of the prosecution was that Trump tried to get Jeffrey Clark installed as acting AG in the days before Jan 6, presumably because he would go along with the coup. One of the findings of the Court is that appointments like that are within the President’s direct duties, and can’t be used as evidence against him, even if it can be proven that the appointment was made to directly piss on the Constitution Trump swore to protect.
The Times also notes that Trump’s pressure campaign on Pence is similarly protected now.
Because presiding over the counting of the votes is one of the very few duties the Constitution allocates to the VP, so is covered under this new doctrine. He has the absolute right to conduct that how he sees fit, without regard to whether he is upholding his oath to the Constitution or not, and any conversations he had with the President are part of that duty, and similarly protected. If it turns out he is not upholding that oath, the only remedy is impeachment. (And finding 67 Senators to agree to convict.)
Some of the evidence that Jack Smith has put together involve some form of Trump’s official capacity. for instance, the Times notes that one of the points of the prosecution was that Trump tried to get Jeffrey Clark installed as acting AG in the days before Jan 6, presumably because he would go along with the coup. One of the findings of the Court is that appointments like that are within the President’s direct duties, and can’t be used as evidence against him, even if it can be proven that the appointment was made to directly piss on the Constitution Trump swore to protect.
The Times also notes that Trump’s pressure campaign on Pence is similarly protected now.
How can that be constitutional?
Because presiding over the counting of the votes is one of the very few duties the Constitution allocates to the VP, so is covered under this new doctrine. He has the absolute right to conduct that how he sees fit, without regard to whether he is upholding his oath to the Constitution or not, and any conversations he had with the President are part of that duty, and similarly protected. If it turns out he is not upholding that oath, the only remedy is impeachment. (And finding 67 Senators to agree to convict.)
Absolute power, just as the Founders intended.
Which, I guess, includes blackmailing the VP if necessary. To protect the president from blackmail.