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.
If I understand the argument correctly, a sitting president near the end of their term, like say shmoe shmiden, decided to order the death of his political rival Tonald Drump and then step down as president before getting impeached, he could cause they didn’t impeach him before leaving office for said crime. I’m I getting that correct? I mean sure, in that hypothetical we’d have our first woman president for a very short time in the dumbest way, which is also on brand for the record.
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
You have this correct which I why it is so ridiculous that they not only agreed to hear this but did so in a way that both allows Trump to avoid prosecution and will result in a legal precedent that he can use to stay in office and commit crimes while there. Pretty great for Trump.
Is impeachment actually limited to those in office?
No but the only punishments that can be imposed if the person is found guilty is removal from office and being barred from holding future office.