For reference: Article 48 Wikipedia I’m trying to understand how anyone with any knowledge of the history of dictators could possibly justify granting a president unchecked “official” power so if anyone has any actual theories I am ALL ears.

  • breckenedge@lemmy.world
    0·
    2 months ago

    These actions were already possible. Nothing has been granted that wasn’t already there, but now we know a president can’t be sued/charged for official acts after they leave office. And it appears the burden of proof is, as always, up to the prosecutors to prove. So, once again, the courts will have to establish precedence over what they consider to be official and unofficial.

    • memfree@lemmy.ml
      3·
      2 months ago

      This looks new to me. It becomes hard for prosecutors to prove anything when we can’t ask about motives and the witnesses are ‘privileged advisors’. From the officical court opinion – note it is in paper-format with hyphens. (page 18: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf):

      In dividing official from unofficial conduct, courts may not inquire into the President’s motives. Such an inquiry would risk exposing even the most obvious instances of of- ficial conduct to judicial examination on the mere allegation of improper purpose, thereby intruding on the Article II in- terests that immunity seeks to protect. Indeed, “[i]t would seriously cripple the proper and effective administration of public affairs as entrusted to the executive branch of the government” if “[i]n exercising the functions of his office,” the President was “under an apprehension that the motives that control his official conduct may, at any time, become the subject of inquiry.”

      (page 31)

      The indictment’s allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification pro- ceeding thus involve official conduct, and Trump is at least presump- tively immune from prosecution for such conduct.