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Supreme Court rules ex-presidents have immunity for official acts

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Re: Supreme Court rules ex-presidents have immunity for official acts

#841

Really expected result. How would the US not give their presidents immunity. This counts for all of them not only for Trump and in conjunction anything else would simply be impossible.

They all basically agreed too, the only difference being whether it should be complete immunity or mostly-complete immunity.

Meanwhile there are people in the comments saying this is the end of our democracy lol

Re: Supreme Court rules ex-presidents have immunity for official acts

#842

My limited understanding of the ruling: The ruling states that the President is immune from prosecution while exercising official duties of the office of President but can be investigated by a special counsel that is appointed by an act of Congress, and if successfully impeached and convicted can then be charged with said crimes. “Unofficial” acts are not protected by this immunity but a special counsel is still requ…

I’m an FBI agent and I kill my wife. Am I immune from prosecution unless Congress appoints a special counsel, simply because I work in the executive branch?

Re: Supreme Court rules ex-presidents have immunity for official acts

#843

My limited understanding of the ruling: The ruling states that the President is immune from prosecution while exercising official duties of the office of President but can be investigated by a special counsel that is appointed by an act of Congress, and if successfully impeached and convicted can then be charged with said crimes. “Unofficial” acts are not protected by this immunity but a special counsel is still requ…

This ruling seems to open the door to a president being immune from, say, commanding SEAL Team 6 to assassinate a political rival. “In its ruling, the Supreme Court decided there was no question that Mr. Trump enjoyed immunity from being prosecuted for one of those methods: his efforts to strong-arm the Justice Department into validating his false claims that the election had been marred by widespread fraud. That was…

Okay, but invert that hypothetical. The American President orders a lot of people killed, including sometimes U.S. citizens. More commonly, they order things that result in significant loss of life, which could be prosecuted as negligent or reckless homicide.

Should former presidents be subject to prosecution for those decisions? Remember that criminal laws are often extremely broad, and you can use conspiracy and other legal theories to make someone liable who didn’t perform the actual killing. Heck, part of the J6 prosecution against Trump somehow involves an Enron-era document shredding law.

What I feel like the dissent misses completely, which is quite ironic given Justice Sotomayor’s history in private practice, is that not having any sort of immunity means trusting every prosecutor in the country with pretty much unrestricted discretion to stitch together vague criminal laws into criminal charges against former presidents. Why should we place such trust in prosecutors?

Re: Supreme Court rules ex-presidents have immunity for official acts

#844

My limited understanding of the ruling: The ruling states that the President is immune from prosecution while exercising official duties of the office of President but can be investigated by a special counsel that is appointed by an act of Congress, and if successfully impeached and convicted can then be charged with said crimes. “Unofficial” acts are not protected by this immunity but a special counsel is still requ…

> Out of context this is quite reasonable and level headed. In context of the hyper partisan landscape US politics are today, doesn’t seem likely without a supermajority opposition to be able to bring charges against a president, In context though, it's quite terrifying given how much the US has fallen into tribalism. Half the population wouldn't convict a certain candidate no matter what they did.

And the other half wholeheartedly endorses convicting a certain candidate of something, anything to keep him out of office.

I happen to agree that he should be kept out of office, but I'd rather that be done by putting him up against an electable opponent than by giving his base yet more fodder for their belief that they're being collectively persecuted.

Re: Supreme Court rules ex-presidents have immunity for official acts

#845

My limited understanding of the ruling: The ruling states that the President is immune from prosecution while exercising official duties of the office of President but can be investigated by a special counsel that is appointed by an act of Congress, and if successfully impeached and convicted can then be charged with said crimes. “Unofficial” acts are not protected by this immunity but a special counsel is still requ…

This ruling seems to open the door to a president being immune from, say, commanding SEAL Team 6 to assassinate a political rival. “In its ruling, the Supreme Court decided there was no question that Mr. Trump enjoyed immunity from being prosecuted for one of those methods: his efforts to strong-arm the Justice Department into validating his false claims that the election had been marred by widespread fraud. That was…

They said in effect that using Seal Team 6 would be presumptively immune, and at that point the court would have to consider whether prosecuting a president for assassinating his rival would impose a chilling effect that would impair future presidents ability to command the armed forces. Since killing your domestic rival is not an important part of tactical wartime decisions, the government would easily overcome the presumption.

Re: Supreme Court rules ex-presidents have immunity for official acts

#846

Barret mentioned that: If one bribes the president in appointment of an official - like an embassador - since the appointment of the embassador is an official act, under this ruling, one cannot bring this as evidence to the jury in a criminal trial because it was part of an official act.

But the official act is appointing the ambassador. Taking a bribe is not part of the official act of that. That's something else entirely not connected to that act at all, at least in my eyes. I'd hope the eyes of the law as well.

Re: Supreme Court rules ex-presidents have immunity for official acts

#847

My limited understanding of the ruling: The ruling states that the President is immune from prosecution while exercising official duties of the office of President but can be investigated by a special counsel that is appointed by an act of Congress, and if successfully impeached and convicted can then be charged with said crimes. “Unofficial” acts are not protected by this immunity but a special counsel is still requ…

> Out of context this is quite reasonable and level headed. That's why I'm opposed to making changes to the way the Court is selected and empaneled. The fact that it's inconvenient for one party right now is irrelevant. It'll be inconvenient for the other party soon enough. > In context of the hyper partisan landscape US politics are today, doesn’t seem likely without a supermajority opposition to be able to bring ch…

>The fact that we've peacefully transitioned between presidents ~45 times is honestly rather amazing.

well last transition got a little exciting lol

Re: Supreme Court rules ex-presidents have immunity for official acts

#848

Earlier quoted context omitted.

> Out of context this is quite reasonable and level headed. In context of the hyper partisan landscape US politics are today, doesn’t seem likely without a supermajority opposition to be able to bring charges against a president, In context though, it's quite terrifying given how much the US has fallen into tribalism. Half the population wouldn't convict a certain candidate no matter what they did.

And the other half wholeheartedly endorses convicting a certain candidate of something , anything to keep him out of office. I happen to agree that he should be kept out of office, but I'd rather that be done by putting him up against an electable opponent than by giving his base yet more fodder for their belief that they're being collectively persecuted.

> And the other half wholeheartedly endorses convicting a certain candidate of something, anything to keep him out of office.

There's a strong argument that the candidate in question shouldn't be in the position he was in is because he acted inappropriately. Not just in demeanor and professionalism, but he has several ongoing criminal trials going right now. There is a real possibility that he committed treason.

But even so, no one is really opposed to him gaining office if that's what truly people want. At that point, the concern is what the hell is wrong with the people that voted him in, and what the hell happened to get the population to that point. My guess is Reagan.

Re: Supreme Court rules ex-presidents have immunity for official acts

#849
post #447

Can anyone pencil out the real danger of this position? Sotomayors opinion seems to posit that a president can receive a bribe and pardon someone for that and this is an official, immune act. However, I don't think soliciting a bribe would be considered an official act of the POTUS, and by what I have been able to understand from this opinion would still be subject to prosecution. I also think that this opinion seems…

The article explains this concern: > One example not relevant to this case but which came up in arguments was the hypothetical payment of a bribe in return for an ambassadorial appointment. Under Monday’s decision, a former president could be prosecuted for accepting a bribe, but prosecutors could not mention the official act, the appointment, in their case. So, imagine: Prosecution: You took a bribe! Defense: Bribe?…

I would hope the law isn't so loose in interpretation where people could get away this easily with this looney tunes legal defense. For example I used to work in a public capacity and we couldn't even take gifts, so I would think the president couldn't just say they were gifted a huge yacht or something for a wink wink nudge nudge, or else it would have been done by now.

Re: Supreme Court rules ex-presidents have immunity for official acts

#850
post #762

Earlier quoted context omitted.

Sure. The Founders envisioned an extremely weak criminal justice system, especially for "their class of people." Defendants were given extremely strong protections, and convictions were the exception, not the rule. The Founders were more concerned about facing a duel than a criminal conviction. So they added other mechanisms for presidential accountability: impeachment, elections, and the weakness of the office. Thes…

> Convictions are in the high 90%. Juries are very weak and at the mercy of powerful prosecutors. If that were true then defendants would waive their right to a jury trial. They don't. The conviction rate is high because prosecutors don't bring weak cases.

Plea bargains account for over 90% of convictions in the US. Part of the cause is prosecutors can and do offer deals that rational actors would have a hard time refusing.

As a trivial example: imagine you are charged with a misdemeanor you absolutely didn’t do. Assuming you have no previous criminal record the state offers you a civil penalty (ie an expensive speeding ticket).

Are you going to go to trial knowing you could be sentenced to a year in prison? Keep in mind just paying an attorney to represent you through the trial will cost several times the civil penalty.

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