this post was submitted on 01 Jul 2024
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cross-posted from: https://lemmy.world/post/17119069

"In every use of official power, the president is now a king above the law," warned Justice Sonia Sotomayor. "With fear for our democracy, I dissent."

(page 2) 29 comments
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[–] [email protected] 6 points 4 months ago

Has anyone read the fine print? Are there any limits to this? Why can't Biden just eliminate Trump and claim immunity?

Just like Trump will once elected...

[–] baronvonj 6 points 4 months ago

The ruling actually said the president "is entitled to at least *presumptive * immunity from prosecution for all his official acts." Absolute immunity was reserved for "conclusive and preclusive constitutional authority." I'm not defending this ruling, but we don't need to misquote it.

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

Isn’t that written in the constitution clearly? Isn’t that what Impeachment for, the only way to prosecute a president over his acts during the presidency?

[–] [email protected] 5 points 4 months ago

Previously, by Justice Department custom, the president was immune from prosecution while in office. That was just an internal stance and didn't make him immune from prosecution indefinitely, just that you can't arrest the president in the Oval Office. It could be seen as a pragmatic stance that we shouldn't tie the president up in court battles while he's supposed to be doing the job of presidenting or that he'd just obviously order his Justice Department not to arrest him so don't try to do irrelevant things.

Now he's immune forever, even after he's no longer in control of the people who would be prosecuting him and he has no critical role to play in society. And it's officially declared by the Supreme Court, not just custom.

[–] Clinicallydepressedpoochie 2 points 4 months ago* (last edited 4 months ago)

Nope. Impeachment is part of a process to remove a president. Conviction in the senate only results in the president being removed. Crimes are prosecuted in a court of law. Not by a political process.

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