this post was submitted on 02 Jul 2024
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[–] [email protected] 2 points 10 months ago* (last edited 10 months ago) (11 children)

This is a lie.

I really don't understand how people are twisting this so dramatically. The president is still bound by the law of the constitution. No president can just go on a killing spree. They still need to operate in an official capacity as POTUS. I mean, I understand we don't want to give Trump a win under any circumstances but he most certainly can still be held accountable for his actions.

presidents are entitled to “absolute immunity” from criminal prosecution for official acts,

This is simply not true. There are three levels of actions: core actions defined by the constitution, other official actions as president, and acts outside of being president. It's the first "core" actions that are immune simply because they are defined in the constitution - pardons, appointments, etc. It's like saying putting on your turn signal to make a turn is immune from prosecution. Other actions as president are presumed to be immune but that does not mean they are "absolutely" immune from prosecution.

Presidents are now entitled to “absolute” immunity, which means that no matter what they do, the immunity cannot be lost. They are always and forever immune, no matter what evidence is brought to bear. There is no crime that pierces the veil of absolute immunity.

This is 100% NOT TRUE.

[–] [email protected] 25 points 10 months ago (5 children)

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 as- sassinate 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.

Supreme Court Justice Sotomayor

[–] [email protected] 1 points 10 months ago (4 children)

Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

I really don't know what she's going on about and I'm a little concerned.

[–] [email protected] 8 points 10 months ago (1 children)

That article states they will be removed if convicted. The new ruling states that for anything considered "official", the president can no longer be convicted. That's the problem.

[–] [email protected] 3 points 10 months ago

That is NOT what they have ruled. They have ruled that there is a presumptive immunity. That means it can be challenged upon judicial review.

The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts. That immunity applies equally to all occupants of the Oval Office.

Roberts then goes on to explain how all but one of the charges need to go back to the courts to determine if he was acting in an official capacity.

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