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Alaska's Trump Chair Kelly Tshibaka analyzes Supreme Court decision in favor of presidential immunity

Kelly Tshibaka

Kelly Tshibaka, a political leader and conservative champion from Alaska who is leading the Trump campaign for the 49th state, said the Supreme Court’s opinion in Trump against the United States is well written, based on precedent and follows the principles of the rule of law.

Alaska – a must asked Tshibaka to share her opinion on the ruling confirming his presidential immunity. The court's decision was announced on Monday.

“It took courage for the court to issue an opinion that fully protects the president's immunity rather than capitulating to the political pressure of current events,” Tshibaka said.

The Supreme Court ruled that Trump was immune from Jan. 6 statements he made to Vice President Mike Pence, the Justice Department and, presumably, to the public on social media.

He is also immune from prosecution for his speech on the day of the protest on January 6, 2021, when dozens of protesters entered the U.S. Capitol after bouncers opened the entrances.

“The President has extraordinary power to speak with and on behalf of his fellow citizens,” the ruling states.

Now the lower court in Washington DC must decide which of the actions alleged in his indictment were “official” and which were “unofficial.” It can only prosecute “unofficial” actions, and Special Counsel Jack Smith will have great difficulty proving what is “unofficial.”

Read the verdict yourself at this link.

The court also ruled that the president’s immunity extends not only to his official duties but also to his conduct “within the external scope of his official duties.”

The judges concluded that extensive measures must be taken to protect the president's immunity, otherwise it would cause him to “reluctantly discharge his official duties fearlessly and fairly.”

“This presidential immunity decision could also impact the other lawfare cases against Trump,” said Tshibaka, a Harvard-trained lawyer. “After defining the vast scope of presidential immunity, the court did not determine whether it also applied to specific conversations Trump had with state officials and remanded the matter to the district court for a decision.”

Tshibaka continued, “I am fascinated that while the Court knew it was making a sweeping decision protecting presidential immunity, it nevertheless denied a motion filed by Trump adviser Steve Bannon just one business day before that decision. Trump vs. United States opinion, to stay his prison sentence. Bannon argued that his actions and conversations were covered by Trump's executive privilege. Although executive privilege is not legally identical to presidential immunity, they are based on the same principle.”

She noted that the overly partisan rhetoric from both sides on this issue largely reflects a lack of knowledge about the actual case.

“We must stand up for due process and not for political outcomes that we want to achieve for partisan political ends,” Tshibaka said. “True defenders of the Constitution would welcome this decision not only with regard to President Trump, but also with regard to President Biden. If Biden is not impeached for actions that are based on Trump v. United States, This will also be a victory for the rule of law and the country.”

This case “protects the actions of President Trump, as well as those of President Biden, other presidents, and the future of America,” Tshibaka said. “Critics are focused on the potential outcome of the election, not on the continued integrity of the Constitution and the balance of power of our co-equal branches of government.”

Official duties may include the video Trump posted on Twitter on January 6, in which he urged protesters to go home in peace. It is a video that former Twitter executive Jack Dorsey removed just five minutes after Trump posted it on January 6, 2021, and subsequently closed his Twitter account, so the public never got to see what he actually said:

Kelly Tshibaka, former candidate for the US Senate and now host of the podcast, television and radio show WAS STANDING, was named chair of the Alaska Trump Organization in February.

Anna Harden

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