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| The front pediment of the Supreme Court building. |
Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.
This case poses a question of lasting significance: When may a former President be prosecuted for official acts taken during his Presidency? In answering that question, unlike the political branches and the public at large, the Court cannot afford to fixate exclusively, or even primarily, on present exigencies. Enduring separation of powers principles guide our decision in this case. 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.
The three Democratic-appointed justices dissented. Justice Sotomayor's dissent was particularly irate (pp. 68-97):
Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law. Relying on little more than its own misguided wisdom about the need for “bold and unhesitating action” by the President, ante, at 3, 13, the Court gives former President Trump all the immunity he asked for and more. Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent. , , ,
Looking beyond the fate of this particular prosecution, the long-term consequences of today’s decision are stark. The Court effectively creates a law-free zone around the President, upsetting the status quo that has existed since the Founding. . . . The President of the United States is the most powerful person in the country, and possibly the world. 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 exchange for a pardon? Immune. Immune, immune, immune.
Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today. 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.
Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide [by] will not provide a backstop.With fear for our democracy, I dissent.
The Court's reasoning on both sides of the case is nuanced and detailed, and requires an understanding of the basics of law and government to fully comprehend. (See the wikiarticle Sovereign Immunity and related topics.) None of which matters to Trump and his followers. He and they will take it as a Get-Out-of-Jail-Free card, a license to kill, complete freedom to do whatever he wants.
And he has already said he wants to be president for life, terminate the Constitution, and kill his political enemies. Now he has all the justification he needs to do whatever he wants, with no consequences.
It's a helluva mess, fellas. Instead of being the backstop of democracy, the six Republican justices have sold the country down the river. And they knew exactly what they were doing - they aren't ignorant, dimwitted "deplorables" out in the boonies. They know the effect this ruling will have on Trump's court cases and on the election. They know.
The only chance left to stop the madness is the ballot box - we have to save ourselves, because the politicized Supreme Court certainly won't. So Democrats and all others who aren't in league with the devil had better sure turn out in droves for this election. It doesn't matter if Biden or someone else is the candidate - the only thing to do is Vote Blue, No Matter Who.
God help us all.
FYI: Opinion polls show that voters are evenly split (within the margin of error) between Biden and Trump. Your Head Trucker cannot understand how half the population intends to vote for Trump, but go look at the figures for yourself:
Nationwide opinion polling for the 2024 United States presidential election (Wikipedia)
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