#Politics When Republicans shut down the government in 2018, the courts were able to continue using fees and other revenues not controlled by Congress. They can also continue under the terms of the Anti-Deficiency Act.

So defunding the federal government to stop Trump's prosecutions won't work.

https://www.uscourts.gov/news/2018/12/22/judiciary-operating-during-shutdown

#Politics Here's an article that explains how federal courts can use the Anti-Deficiency Act to stay open if #MAGA Republicans try a shutdown to prevent Trump's prosecution.

"Because the authority of the Supreme Court is derived from Article III of the Constitution, the core functions of the justices are considered to be essential and necessary to be performed with or without a current appropriation. The same holds true for federal district and appeals courts."

https://www.scotusblog.com/2019/01/scotus-for-law-students-keeping-the-supreme-court-open/

@WordsmithFL DOJ has taken the position that, "Criminal litigation will continue without interruption as an activity essential to the safety of human life and the protection of property." So, we should expect the Federal criminal cases against Trump to proceed unless a court rules that DOJ cannot continue to expend funds.

https://www.justice.gov/jmd/page/file/1015676/download

@Coctaanatis #Politics The #MAGA Republicans want language in the appropriations bill that would make it illegal to use federal funds to prosecute a former President.

@WordsmithFL @Coctaanatis are you kidding me. I wish I could say I'm shocked. #politics

@CarmenSlamdiego @Coctaanatis #Politics From August 28:

"The House Appropriations Committee could consider amendments to the fiscal 2024 Commerce-Justice-Science bill next month stripping federal funding from prosecutors who are pursuing charges against former President Donald #Trump."

https://rollcall.com/2023/08/28/rep-clyde-signals-appropriations-fight-over-trump-prosecutions/

@CarmenSlamdiego @Coctaanatis #Politics

Here is the August 28 press release from Rep. Clyde's office.

"Clyde said he plans to introduce an amendment to prevent taxpayer dollars from being used to prosecute any major presidential candidate prior to the upcoming presidential election, and a second that would prohibit funding for state prosecutions."

https://clyde.house.gov/news/documentsingle.aspx

@WordsmithFL They want it, but it's not likely to happen and insisting on such a provision will play poorly with the public.

@Coctaanatis #Politics The #MAGA Republicans don't have the votes to pass it, but they have enough votes to shut down the government which is what #Trump wants.

Way back in my SoCal politics days, I dealt with these GOP zealots. They only want to burn down everything. They want no government, no judiciary, no honest elections. They think humanity will arise from the flames like a phoenix, purified into some sort of Aryan ideal. They're not rational, and Trump gave them a voice at the table.

@WordsmithFL My understanding is that about 5 Republican congressmen hold the government hostage. There will probably be a shutdown, but most Republican congressmen don't want it, and an agreement with some Democrats to either not vote against a budget, or to vote for it, would allow for passage. Same for a continuing resolution.

The main obstacle is that Democrats are rightly angry about the Biden impeachment being pursued by Republicans.

Political pain will eventually bring compromise.

@Coctaanatis #Politics The problem is that Speaker McCarthy is too weak to cut a deal with Democrats to pass the budget. The #MAGA Republicans have threatened to hold a vote to vacate the chair if he does that. If they stick to it, only five #MAGA votes combined with all the Democrats will remove McCarthy from the speaker chair. Then the fun really begins.

So the question becomes, will the Dems vote with the MAGAs to vacate the chair? 🤔

@WordsmithFL You assume that Democrats would vote to remove McCarthy. The more likely result would be enough Democratic abstentions to allow McCarthy to retain his position. Such a move would weaken the five Republicans.

@Coctaanatis @WordsmithFL

I could see many democrats voting present. Essentially, you clean up your own mess republicans.

@WordsmithFL @Coctaanatis #politics
McCarthy could also have someone else talk to democrats and hammer out a deal. Keep it in his back pocket until the last minute.