Monday, July 1, 2024

SC Rules The President of The United States Is Not Above The Law - Unofficially

In response to defeated, former President Donald Trump's claim of presidential immunity in the January 6th case, the U.S. Supreme Court ruled today that the President of the United States is not above the law - but only unofficially. 

In a 6-3 decision made on ideological lines, the Court ruled that Presidents cannot be prosecuted for official acts within his constitutional powers. So even if the President does not faithfully execute the laws of the United States, the President cannot be prosecuted for his faithlessness. Indeed, Chief Justice Roberts proclaimed the President must have "absolute" immunity where it concerns "core constitutional powers". Trump has been demanding and has now received the "total presidential immunity" he sought

In her dissent, Justice Sonia Sotomayor stated:

Whether described as presumptive or absolute, under the majority’s rule, a President’s use of any official power for any purpose, even the most corrupt, is immune from prosecution. That is just as bad as it sounds, and it is baseless. Finally, the majority declares that evidence concerning acts for which the President is immune can play no role in any criminal prosecution against him.

With the January 6th now back in D.C. District Court, special prosecutor Jack Smith will likely have to go back to the drawing board and either draft a superseding indictment or drop the case altogether. 

For his part, President Biden blasted the ruling stating"It's a dangerous precedent, because the power of the office will no longer be constrained by the law. The only limits will be self-imposed by the president alone."

President Biden respects the boundaries of the law. Defeated, former President Trump does not. 

Should we see fit to return Trump to the White House, he will get his wish to be "dictator for a day" and for much longer than that. 

Within hours of the ruling, Trump signaled his intent to have the verdict in the New York hush money case set aside on the basis of today's Supreme Court decision. Sentencing in that case is scheduled to take place on July 11th. 

But under the circumstances, I would be shocked if this sentencing ever comes to pass. If the New York verdict is overturned on the basis of the Supreme Court decision than any chance Trump is held to account will disappear along with what's left of our democracy. 

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