At a crucial crossroads for American democracy, the Supreme Court slow walks Trump’s immunity issue

With the Supreme Court granting certiorari to Donald Trump on his immunity claims regarding the January 6th trial in Washington, we have reached a historic moment. The high court will now review the lower court ruling that a former president isn’t immune from prosecution for crimes he committed in office. but not until April. If the court agrees with Trumphim, it could lead America down a dark road.

Yes, broadly exposing the president to lawsuits or prosecutions for the thousands of judgment calls a president makes in the line of duty would cripple the presidency. But no one prosecuting Trump claims presidents should be broadly exposed to liability for their official decisions. Instead, the issue is framed by the Supreme Court’s 1982 decision in Nixon v. Fitzgerald. It held that the president is immune from damages liability “for acts within ‘the outer perimeter’ of his official responsibility.” The court has never extended that limitation to the president’s responsibility for a crime. Moreover, the court has never suggested that a president who commits a crime unconnected to his official duties enjoys any immunity at all.

  • Pup Biru
    link
    fedilink
    arrow-up
    8
    ·
    7 months ago

    also worth noting the extension to that situation:

    Shmoe Shmiden decides not to step down, and tells the same people who he originally ordered that they need to sit in the room for the impeachment vote with guns just to make sure the vote is fair. also if we lose the vote it was a sham thus anyone voting for impeachment is an undercover operative and should be handled accordingly… voila, no impeachment, no consequences