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SCOTUS rules absolute presidential immunity for "official acts"


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It’s almost like if the president declares a subclass of people a “threat” to the country and rounds them up for confinement and after a show trial execution, that it could be an “official” act because he believed them to be a danger. And if his party controls the legislative and judicial branches good luck making it not so. 

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From Sotomayor's dissent:

 

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Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.

 

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Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune.

 

She ended the dissent without the usual respectful language:

 

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With fear for our democracy, I dissent.

 

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2 minutes ago, Kal-El814 said:

Executive order to prohibit convicted felons from being eligible for the Presidency? Officially and whatnot so it’s very legal, very cool?

 

All this ruling does is allow the President to make orders and do whatever they want, and have protection. People need to still follow those orders. It would be very hard to order someone not to be allowed to be President. How would that be enforced? You'd need the cooperation of basically everyone. It's easier to just order loyal Secret Service agents to kill them, and then pardon the agents.

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3 minutes ago, CitizenVectron said:

 

All this ruling does is allow the President to make orders and do whatever they want, and have protection. People need to still follow those orders. It would be very hard to order someone not to be allowed to be President. How would that be enforced? You'd need the cooperation of basically everyone. It's easier to just order loyal Secret Service agents to kill them, and then pardon the agents.

 

Plus, the President has no authority over how states conduct their elections

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This ruling immediately reminded me of how twisted the law has become surrounding police use of force. How "I feared for my life" has become magic words that shield a cop from almost everything. All that matters is how the cop "felt" at the time.

 

It makes me wonder, as bad as this ruling is, does it say anything about the inevitable claim that "the president thought it was an official act when they did it"?

 

Because that feels like that is the next obvious move to eliminate even the marginal guardrails this ruling leaves in place....

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If there ever is another Constitutional Convention, I would argue that an amendment should be passed that clarifies that all acts a President takes, whether official or unofficial, must be lawful.  If a former president is charged with a crime, they can offer up an affirmative defense as to why they carried out a certain action - IE they are charged with murder after they shoot down a 737 that was about to crash into the Sears Tower.  It was clearly an official act - and the President can argue they did so out of necessity in order to prevent further loss of life in the tower or on the ground below the building.

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The ruling also says a president can coordinate prosecutions with the DOJ. So time to fire Garland and put in someone who'll coordinate with the president on putting Trump in a black site.

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2 minutes ago, Dodger said:

So what’s the actual implication of this, Trump won’t be prosecuted for crimes… he was never going to be prosecuted for to begin with?

 

It goes far beyond that.

 

It essentially says that presidents have "presumptive" immunity for their official actions without providing any significant guidance as to what constitutes "official" versus "private" acts.

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12 minutes ago, Dodger said:

So what’s the actual implication of this, Trump won’t be prosecuted for crimes… he was never going to be prosecuted for to begin with?

 

Well Sotomayor in her dissent had this to say, seems pretty practical:

 

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When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in ex- change for a pardon? Immune. Immune, immune, immune

 

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12 minutes ago, Commissar SFLUFAN said:

 

It goes far beyond that.

 

It essentially says that presidents have "presumptive" immunity for their official actions without providing any significant guidance as to what constitutes "official" versus "private" acts.

Well barret does somewhat lay out an example of Trump specifically not actin officially, but it also does rely on non corrupt judges. 

 

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I do have a hard time seeing Trump avoiding prosecution if he loses the election. 

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