My quick take: Absolute immunity only for his official acts as president, but all his acts while president are presumed to have been official. So now it’s the prosecution’s responsibiliy to prove that the acts in question were unofficial before charges based on those can be tried. This goes back to the District Court for that to be determined, subject to appeal, so no way that is completed before the election.
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Holy shit:
From SCOTUSBLOG:
“An action is not unofficial, the court adds, just because “it allegedly violates a generally applicable law.””
What, like ordering your political opponents’ assassinations?
Again, holy shit.
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Okay then. I think Joe should “officially “ shoot the orange MFer.
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Understand that Trump will continue to campaign on arresting President Biden for official executive acts.
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“For the good of the country and officially.”
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So a president threatening his own vice president while a mob is gathering in front of the Capitol who want them lynched just before the certification of a free and fair election is an official act.
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Sotomayor is on fire. “The majority invents immunity.”
The Court now confronts a question it has never had to
answer in the Nation’s history: Whether a former President
enjoys immunity from federal criminal prosecution. The
majority thinks he should, and so it invents an atextual,
ahistorical, and unjustifiable immunity that puts the Pres
ident above the law.
The majority makes three moves that, in effect, com
pletely insulate Presidents from criminal liability. First,
the majority creates absolute immunity for the President’s
exercise of “core constitutional powers.” Ante, at 6. This
holding is unnecessary on the facts of the indictment, and
the majority’s attempt to apply it to the facts expands the
concept of core powers beyond any recognizable bounds. In
any event, it is quickly eclipsed by the second move, which
is to create expansive immunity for all “official act[s].”
Ante, at 14. Whether described as presumptive or absolute,
under the majority’s rule, a President’s use of any official
power for any purpose, even the most corrupt, is immune
from prosecution. That is just as bad as it sounds, and it is
baseless. Finally, the majority declares that evidence con
cerning acts for which the President is immune can play no
role in any criminal prosecution against him. See ante, at
30–32. That holding, which will prevent the Government
from using a President’s official acts to prove knowledge or
intent in prosecuting private offenses, is nonsensical.
Argument by argument, the majority invents immunity
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MSNBC Legal person thinks it is much worse citing this:
Courts may not inquire into the President’s motives when determining if you can try the President.
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Fer those who wanted this earlier, good luck to you.
If the above is the verdict, it’d be the verdict in your universe too.
127 days.
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So, if all presidential “official” acts are immune:
Joe - expand SCOTUS to 13 members. Today.
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The prosection is assigned the job of proving the negative, that Trump’s conduct was not “official”- and the criteria for identifying “official” presidential conduct are at best barely defined.
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JFC.
I just can’t believe we are stumbling into a dictatorship under the stupidest human imaginable.
I mean, I had always kinda thought that dictators had to be somewhat intelligent in order to get there. We’re proving that wrong.
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Though KBJ had a role with that contempt case, a court of right minded souls would possibly put better chains on Orange Prometheus.
Ours is however this one.
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I thought the same thing, and then I read about Mao.
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Neal Katyal is saying Joe needs to run against the Supreme Court as this decision attacks the rule of law.
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So can president Biden now send law enforcement to pull over and harass Clarance Thomas and Ginni in their RV? “I understand there might be a Comstock violation in your DVD?”
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How do you say a President has Absolute Immunity without saying a President has Absolute Immunity? Well, it did take Roberts 43 pages to say it.
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Mao earned his marks and Trump was given his.
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It sounds to me like Republicans have just made government much, much bigger.
I’m curious if rank and file Republican voters now favor huge, intrusive government.
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