Pt1:appeal to authority means nothing to me, and it shouldn’t to you, because experts and authorities can be wrong just like anyone else. i care about the merits of the argument, as everyone should
and for that, we need to critically think and analyze reasoning on its own merits.
so let’s actually read the court opinion, which you can easily find on the supreme court website if you’re actually curious.
Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts
so essentially - that’s exactly what i said. president has immunity for official acts and no immunity for unofficial acts. what is the court’s reasoning?
Article II of the Constitution vests “executive Power” in “a President of the United States of America.” His authority to act necessarily “stem[s] either from an act of Congress or from the Constitution itself.”
It follows that an Act of Congress—either a specific one targeted at the President or a generally applicable one—may not criminalize the President’s actions within his exclusive constitutional power.
So, the court’s opinion is that when a President is within his constitutionally defined powers he cannot be held criminally liable. Otherwise, for example, virtually every president for the last few decades could be held criminally liable for some crime. I brought up the examples of the classified document mishandling previously, but there are many more should you go looking.
Not all of the President’s official acts fall within his “conclusive and preclusive” authority. The reasons that justify the President’s absolute immunity from criminal prosecution for acts within the scope of his exclusive constitutional authority do not extend to conduct in areas where his authority is shared with Congress. To determine the President’s immunity in this context, the Court looks primarily to the Framers’ design of the Presidency within the separation of powers
So, not everything a president does falls within this immunity bubble. How do we decide what is official and what isn’t? Well, first we look at the seperation of powers outlined in the constitution. You know, the stuff you were taught in elementary school. 3 branches of government. What is within the scope of the executive branch, president has authority over.
The Framers designed the Presidency to provide for a “vigorous” and “energetic” Executive. The Federalist No. 70, pp. 471–472 They vested the President with “supervisory and policy responsibilities of utmost discretion and sensitivity.” Appreciating the “unique risks” that arise when the President’s energies are diverted by proceedings that might render him “unduly cautious in the discharge of his official duties,” the Court has recognized Presidential immunities and privileges “rooted in the constitutional tradition of the separation of powers and supported by our history.”
Essentially, the argument is: the President should not be afraid to act because of fear of criminal prosecution. For example, if something like killing a political leader of an enemy state is deemed critical to national security - he has the ability to choose this course of action without fear of being charged for murder. If we did not allow for this, the president’s office would be weaker. The opinion shares many court cases and items of the constitution that reinforces this authority the president is granted.
At a minimum, the President must be immune from prosecution for an official act unless the Government can show that applying a criminal prohibition to that act would pose no “dangers of intrusion on the authority and functions of the Executive Branch.”
So he can actually be prosecuted for specific acts if the proseuction can show that it doesn’t impede on the use of his constitutionally appointed powers.
As for a President’s unofficial acts, there is no immunity. Although Presidential immunity is required for official actions to ensure that the President’s decisionmaking is not distorted by the threat of future litigation stemming from those actions, that concern does not support immunity for unofficial conduct.
Again, like my previous comment - unofficial acts do not hold immunity. Items outside of his legal presidential powers are not protected.
The first step in deciding whether a former President is entitled to immunity from a particular prosecution is to distinguish his official from unofficial actions. In this case, no court thus far has drawn that distinction, in general or with respect to the conduct alleged in particular. It is therefore incumbent upon the Court to be mindful that it is “a court of final review and not first view.”
So, how do we determine what is “official” versus “unofficial”? Well, the courts decide. However, as the Supreme Court is intended by the constitution to be a “final destination” the process must start at the lower courts and work its way up to the Supreme Court.
So essentially, the decision states a) president has immunity for official acts, b) does not have immunity for unofficial acts, and c) it presents a framework and process for determining the difference between the two
the decision was ruled 6-3
so what did the dissenters say? well here’s justice Sotomayor
Relying on little more than its own misguided wisdom about the need for “bold and unhesitating action” by the President
They are saying that the argument that the president neesd to act “bold and unhestitatingly” as specified by the constitution is not enough reason to warrant immunity.
the next couple pages, which i won’t quote here for brevity, outlines the crimes that Trump committed circa Jan 6th. None of this has anything to do with the argument above, but has more to do with how Trump blatantly broke the law during this event and lists several examples
The Court now confronts a question it has never had to answer in the Nation’s history: Whether a former President enjoys immunity from federal criminal prosecution.
self explanatory, we’re going back to the topic at hand
The majority makes three moves that, in effect, completely insulate Presidents from criminal liability. First, the majority creates absolute immunity for the President’s exercise of “core constitutional powers.”
i disagree with the statement “completely insulate presidents from criminal liability”. as we showed before, there is a framework for prosecuting presidents should they act in a manner outside of their constitutionally protected powers. the next statement, of course, is just a rehashing of the decision. president has immunity for his “core presidential powers”
a President’s use of any official power for any purpose, even the most corrupt, is immune from prosecution.
this is patently false. if they act in an unofficial manner, they do not get immunity. the courts have the power to determine acts “unofficial” and prosecute him
The Constitution’s text contains no provision for immunity from criminal prosecution for former Presidents
well, this is up for debate and interpretation. it’s been widely recognized that presidents have immunity for official acts. this has been the accepted situation for very long time. if you want to read about the history of this precedence: …findlaw.com/…/article-ii--presidential-immunity-…
that article from way before this court case, goes over both the constitutional basis for the precedence as well as supreme court cases that reinforced the precedence
so while the constitution does not explicitly state that the president has immunity, it can be implied that these powers arise from both the powers and responsibilities vested to the office of president
the dissenting judge says as much in the next statement
Of course, “the silence of the Constitution on this score is not dispositive.”
essentially saying - the lack of explicit mention does not by itself necessarily mean the opinion of the court is incorrect.
they then make the argument, which i will summarize for brevity, that a) the framers of the constitution provided for limited immunity for legislators and b) state constitutions at this time period had immunitities
therefore, the framers would have been aware of this and would have explicitly mentioned this if they intended this. therefore, they argue it was not intended by the framers of the constitution
my statement is - this is a valid argument. perhaps the framers not only did not intend for immunity, they left it explicitly unmentioned because they did intend for the president to have immunity.
however i believe this statement alone is not enough to justify a dissent with the opinion. mainly because there’s a lot of things that framers intended or didn’t intend that we have modified since. i don’t think i have to elaborate here.
then the dissenter goes on
Aware of its lack of textual support, the majority points out that this Court has “recognized Presidential immunities and privileges ‘rooted in the constitutional tradition of the separation of powers and supported by our history.’” Ante, at 10 (quoting Fitzgerald, 457 U. S., at 749). That is true, as far as it goes.
essentially saying - yes, the majority points out the established precedence that the Supreme Court has on this topic, and they are correct in using that as an argument
Nothing in our history, however, supports the majority’s entirely novel immunity from criminal prosecution for official acts.
however, nothing in the precedence applies explicitly to criminal prosecution. essentially saying - the precedence holds for presidential immunities but not from criminal prosecution.