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Comment on YSK the full scope of the recent US presidential immunity decision

Here is a great article explaining the extent of the immunity.

The 119-page decision affords the executive immunity from criminal prosecution for “official acts” in two layers—core constitutional acts that are absolutely protected, and presumptive immunity for official acts that are not core that can be overcome only if the government can show that applying a criminal prohibition on that act wouldn’t encroach on the functions of the executive branch. Unofficial acts are not protected.

Correct me if I’m wrong, but ordering mass executions seems to be barely in the presumptive immunity area, and also would be political suicide. There would be serious repercussions if any president ordered the excecution of any innocent American.

I’m curious about your source of information about the restrictions on what evidence can be presented to the jury. I hadn’t heard that before, and I’d like to learn more.

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statist43@feddit.de ⁨4⁩ ⁨months⁩ ago

Correct me if I’m wrong, but ordering mass executions seems to be barely in the presumptive immunity area, and also would be political suicide. There would be serious repercussions

Bro. The last US president tried to overthrow the government, and the repercussions now are that they give him immunity…

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Varyk@sh.itjust.works ⁨4⁩ ⁨months⁩ ago
Mass executions being “barely in” the scope of presidential immunity means that even by your interpretation, mass executions are covered by Presidential immunity

Individual interpretation is the problem.

The president thinks to themselves “yea, that’s barely in” and then it’s official and covered.

Political suicide? Could be. Maybe not.

At the least, mass executions will be part of the official US presidential record. If they are carried out those people are dead and civil erupts, and if they aren’t the president is immune and the person(s) who disobeyed him is subject to execution for treason.

Say the president signs an executive order explicitly stating that any act is considered a presidential duty during the day in which a president conducts a minimum of one official act.

Then literally everything is official no matter what.

Although that’s unnecessary with how the supreme Court has defended official presidential immunity:

On page 30-31 of the SC decision, the supreme Court makes it known that because they have decided the US president is entitled to immunity and specifically cannot “be held criminally liable” for “certain official acts”(interpreted however broadly one would like), examining an unofficial act related to an official act, like legally examining whether or not dumps knew inciting a violent coup was illegal, “would permit a prosecutor to do indirectly what he cannot do directly- invite the jury to examine acts for which a president is immune from prosecution”

This means that any unofficial part of any official conduct, both interpreted however you see fit, cannot be legally scrutinized as scrutiny of an “unofficial act” could result in the legal scrutiny of an “official act” for which the supreme Court has decided there can be no legal scrutiny or prosecution anymore.

So, “hey, drowning that bag of puppies doesn’t seem very official”.

“Yea, too bad we can’t do anything about it since he had to sign a bill into law that afternoon”.

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