Officers of the United States: Neither the President nor Vice President are Officers of the United States

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  • Ingomike

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    May 26, 2018
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    Sure looks like this goes generally in Trump's favor:

    All 9 agree that POTUS has some degree of immunity from prosecution (all 9 expressed concern regarding unintended consequences of precedent to the contrary)

    The split is in the matter of degree.

    The liberal 3 will likely say that POTUS immunity only extends to "core functions" of official acts (whatever that means).
    The most conservative 4 might say that POTUS criminal immunity follows extent of Fitzgerald civil immunity.
    The middle 2 (Roberts, ACB) are likely to try to split the baby somewhere in-between.

    The end result will be a ruling in Trump's favor (6-3? 5-4?), with a remand to the District court to parse the allegations between official and private acts - allowing prosecution only on what remains of those private acts.

    The sticky issue will be who defines the test for whether an act falls under immunity as an official act or falls outside immunity as a private act. Will SCOTUS define such a test in their decision, or will they also push that back onto the District court, knowing that whatever that court decides will almost inevitably end up back in front of SCOTUS, anyway?
    This author completely agrees with you on this. The other thing is Thomas asked about the standing of the special counsel, they could punt it on that basis…

     

    chipbennett

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    Oct 18, 2014
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    This author completely agrees with you on this. The other thing is Thomas asked about the standing of the special counsel, they could punt it on that basis…

    Sundance is solid. He's been an internet "friend"/acquaintance of mine since back in the days of the Trayvon Martin incident.
     

    Ingomike

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    A question, if SCOTUS rules that the President has no immunity from criminal prosecution for official acts, couldn’t every red state city or county DA bring Biden up on charges for sending illegal immigrants to those areas? Sure sounds like it to me…

    (I believe this question was asked in the hearing.)
     
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