The Supreme Court Releases 'Scandalous Opinion' On Presidential Immunity
SCOTUS didn’t give Trump absolute immunity, but it said that presidents can abuse their power and pressure federal government agencies to overturn elections. That is considered an "official act."
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In the Presidential immunity case, the Supreme Court's ruling is complex and terrifying at the same time.
The Supreme Court didn’t give Trump absolute immunity, but it said that presidents can abuse their power and pressure federal government agencies to overturn elections. That is considered an "official act.”
Justice Jackson pointed out, "The Court has now declared for the first time in history that the most powerful official in the United States can (under circumstances yet to be fully determined) become a law unto himself."
Lawyers weighed in:
"A president can choose to nuke American cities filled with his political opponents and retain immunity from prosecution," Bradley Moss wrote.
"Government has burden to rebut presum of immunity by showing that prosecution involves unofficial acts and it would pose dangers on the authority and functions of the Exec Branch.
This is a scandalous opinion. Much broader than even people feared. Clearly puts Pres above law," Harry Litman said.
"The Supreme Court just ruled that a president can have the military execute them and the president is immune from prosecution for it," Bradley Moss opined.
"If my quick skim of the Trump immunity case is correct, there's exactly zero chance Trump will be tried before the election. And, if Trump loses in 2024, it's not clear on which counts he would be tried at all. It would take years to figure that out. (Quick skim, at least.)," Orin Kerr shared.
"And perhaps worst most far-reaching principle of all: In dividing official from unofficial conduct, courts may not inquire into the President’s motives. But bad motives are what distinguish crime conduct; they're the soul of the criminal law," Harry Litman added.
This means ostensibly President Joe Biden can do a lot with the presumption of impunity, Bradley Moss suggested:
“Dear President Biden - I am authoring a memo outlining everything you can now do with impunity or, at a minimum, the presumption of impunity.”
Of course, the reason we have a government with checks and balances is because while we might be able to trust one person with a lot of power, absolute power corrupts absolutely and there are also a people like Donald Trump, who are not constrained by ethics, morality, or any love for American principles.
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