Alaska Trump Chair Kelly Tshibaka analyzes Supreme Court decision favoring presidential immunity

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Kelly Tshibaka

Alaska political leader and conservative champion Kelly Tshibaka, who chairs the Trump campaign for the 49th state, said the Supreme Court opinion in Trump vs. United States is well written, based on precedent, and follows the rule of law.

Must Read Alaska asked Tshibaka to give us her views on the ruling that upheld his presidential immunity, a decision that was issued on Monday by the Court.

“It took courage for the Court to issue an opinion that absolutely protects presidential immunity rather than capitulates to the political pressures of current events,” Tshibaka said.

The Supreme Court found Trump is immune from Jan. 6 statements he made to Vice President Mike Pence, the Department of Justice, and likely to the public via social media.

He is also immune from prosecution for his speech the day of the protest on Jan. 6, 2021, when dozens of protesters entered the U.S. Capitol after door guards opened up the entries.

“The President possesses ‘extraordinary power to speak to his fellow citizens and on their behalf,” the ruling said.

Now, the lower court in D.C. will be forced to decide which alleged acts in his indictment were “official,” and which ones were “unofficial.” It will only be able to prosecute “unofficial” acts and Special Counsel Jack Smith will have to a high hill to climb in proving what constitutes “unofficial.”

Read the ruling for yourself at this link.

The Court also held presidential immunity is extended to not only his official duties, but also to conduct “within the outer perimeter of his official duties.”

The justices determined it was necessary to go far in protecting the immunity of the president because otherwise it would result in “hesitation to execute the duties of his office fearlessly and fairly.”

“This Presidential immunity decision may affect the other lawfare cases against Trump, as well,” said Tshibaka, who is a Harvard-trained lawyer. “After defining the vast extent of presidential immunity, the Court did not determine whether it would apply to specific conversations Trump had with state officials and remanded that to the District Court to decide.”

Tshibaka continued, “I’m intrigued that, while the Court knew it was issuing an expansive decision protecting presidential immunity, it also denied a request from Trump’s advisor, Steve Bannon, just one business day before this Trump vs. United States opinion, to delay his prison sentence. Bannon argued that his actions and conversations were covered by Trump’s executive privilege. While executive privilege is different in law than presidential immunity, they flow from the same principle.”

She observed that much of the hyper-partisan rhetoric on either side of this issue reveals a lack of knowledge about the actual case.

“We must be advocates for due process based in the rule of law, not political outcomes that we want to achieve for partisan objectives,” Tshibaka said. “True advocates for the Constitution would celebrate this decision not only as applied to President Trump, but also as it will be applied to President Biden. When Biden is not prosecuted for acts because of Trump v. United States, that also will be a victory for the rule of law and the country.”

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

Among official duties might be the video that Trump posted on Jan. 6 on Twitter, telling protesters to go home in peace. It’s a video that the prior Jack Dorsey Twitter management removed just five minutes after Trump posted it on Jan. 6, 2021, and subsequently shut down his Twitter account, so the public could never see what he actually said:

Kelly Tshibaka, former candidate for U.S. Senate and now host of the podcast, TV, and radio show STAND, was named the chairwoman for the Alaska Trump organization in February.

40 COMMENTS

  1. This immunity decision has many leftist heads exploding. Including the dissenting Justice Sotomayor. Her dissent is well grounded in TDS standards. What they refuse to understand is that this presidential immunity standard strengthens the ability of ALL presidents of any political persuasion to conduct the affairs of the nation without fear they will be indicted by a Jack Smith creature later on. The fear of the use of abusive prosecutions would have a chilling effect on decisions made by a president. Pretty basic. However, their point is that while this court case may be beneficial in governing the nation, it sure wrecks the left’s opportunity to convict a certain former president who leads in all the polls for re-election. Many would call that simple election interference.

    • More to follow. A few weeks from now, Pence is going to testify in a court room as to what Trump told him. There can be no better witness than Pence. The Supreme Court ordered an evidence hearing on what if any of what Trump said was official or not. That is the ticking time bomb in Trumps camp. I don’t know any sain person who doesn’t think Pence is an honorable man.

      • Pence was irrelevant as VP, and is even more irrelevant today. Come on Greg, the guy who wanted the taxpayers to bail out his failed POTUS campaign? You just are stewing over the immunity ruling.

  2. I wouldn’t expect Kelly to say any different. Did Trump tell her why he withheld classified docs? Only after he whipped up the posse into a frenzy and destruction was ongoing did he tell folks to stop. Gotta hand it to him, at least he said it unlike Obama and Ferguson.

    • He told everyone to peacefully assemble, than to peacefully disperse. You Uniparty types always seem to forget this part of 1/6.

    • Possession of classified is covered by the Presidential Records Act. The President is the ultimate authority for classified / declassified. If Trump says it is declass (which he has) there is nothing illegal. OTOH, Biden’s possession of classified was all as US Senator / VP, neither of which has any authority over classification.

      Jack Smith and the FBI are making it up as they go. Once they told Mar-a-Lago to turn off all surveillance cameras during their raid, that should have told you they were creating illegal acts Trump is accused of. FBI were the ones who brought cover sheets and staged the photo. Cheers –

    • The government routinely over classifies many things that should never be classified. Small written hand notes have been classified in the past that have nothing to do with National Security. You obviously must have a inside scoop if you think that the withheld documents are anything but over classification go awry. If we really want to look at it all alive Presidents going back to Bush could be brought up on charges if they do not have Presidential immunity on official business. Why is the left so hell bent on trying to prosecute Trump for actions that previous Presidents could be charged with? Could it be that the political left fears that the American people have woken up to the Tyranny of a government that has no business any many aspects of our lives and are going to put a person that was and will tear down the unelected bureaucrats from over regulating and stifling the American dream.

  3. These b—– that prosecuted Trump knew good and well this trial would not hold water. Did I understand this trial cost the American tax payer $85 mill ???? Smoke and mirrors and I’m sick of it.

  4. Thank you, Kelly. Your mind has so much more legal import than Lisa Murkowski’s. It’s hard to believe Lisa even graduated from law school.

    • She did. But I had to pay through the nose to get Willamette Law School to give her a diploma. It’s always some magic act that I have to pull to get Lisa across the finish line. Lisa doesn’t understand the word “merit.”

    • Well, it did take her five times to pass the bar exam…. doesn’t say much for her law school alma mater (Willamette U) preparing her or her grasp of the subject…
      “Murkowski, who graduated in 1985 from Willamette University’s College of Law in Oregon, wasn’t admitted to the Alaska Bar until November 1987. She flunked the exam in July 1985, February 1986, July 1986 and again in February 1987. She passed on her fifth try in July 1987.”

      For comparison (more recent data than in the mid-eighties but still telling):

      Alaska Fifteen-Year Summary of Bar Exam Passage Rates, First-Time, 2009–2023
      2009 72%
      2010 81%
      2011 71%
      2012 78%
      2013 80%
      2014 78%
      2015 76%
      2016 71%
      2017 62%
      2018 70%
      2019 62%
      2020 76%
      2021 74%
      2022 61%
      2023 68%
      source: The Bar Examiner: The bar admissions information source

      • There’s a little more to the story, Gets Better.
        Lisa took BarBri prep courses in the summer of 87, before the exam. But the prep course either accidentally, or intentionally, gave out the Bar questions in advance. Of course, Lisa got a break and finally passed. Everything Lisa does is noted with a caveat.
        Appointment to the Senate, write-ins by liberal Democrats, unions looking for federal money and Democrat RCV. To say Lisa has been blessed with favors from the enemy would be gilding the lilly.

      • You just had to go and look, didn’t you? We’ve been trying to hide that factoid for decades. And you had to humiliate her again, just while Lisa was riding high with mom, dad, and the M Royals at Pike’s Landing today. You’re spoiling our show.

  5. Now that the President has immunity Biden has SCOTUS approval to remove our biggest threat to Democracy, Donald Trump

  6. history has a funny way of distorting the original happiness and celebration of various victories. sloshing tides of history roll through the short generations of man, no wonder home schooling rules out the classic greek philosophies.

    simpler times back then with stoics and my favorite Diogenes. we’ll see how well this ruling “cures” having solved its immediate life line. the next bend in civil liberties might not favor the radical right as much as they had hoped.

    time for the old fashioned pledge of alliance to the flag, not a movement or person.

  7. Oatmeal brain Biden had/has classified docs in three locations during and after his VP stint that have been admitted. The TDS media propaganda team and garland wallpaper crew are too busy telling us that no one is above the law to prosecute that crime,,, one of many he’s committed.
    If Kamala gets dementia, it will be an improvement: from GG

  8. When Kelly says that President Biden will enjoy the protection provided by this Supreme Court decision, I’ve been unable to remember any actions by him that would require this protection. Some of you can most likely help me remember.

  9. Just keep in mind – the tables will eventually turn, and SCOTUS rulings that currently favor Republicans will someday favor Democrats. So don’t get too smug Kelly.

  10. Greg, All you can cite are Trumps misinterpreted words due to your Trump Derangement Syndome!! But we can cite facts. Under Trump; near energy independence, increased energy development in the USA. Minimal inflation, hi mark for black employment, hi mark for black financial gain, minimal unemployment. Strong military stance verseas!! Minimal or reduced border crossing!! Border barriers erected and strong illegals apprehension and send back, the list goes on!! Hardly the makings of a civil war !! In fact, about the only significant failure Trump had was he didn’t drain the ‘swamp’ deep enough especially re DOJ,FBI and a few other federal agencies!!

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