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this post was submitted on 11 Dec 2023
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In the United States, sovereign immunity only immunizes the government against lawsuits. It doesn't provide an individual with immunity against criminal prosecution.
Yes, the comment was about the rule of law and nobody being above the law. Sovereign immunity puts certain people above certain laws (i.e. can't sue the cop that barrels down the street at 75mph in a 25 mph zone and kills a pedestrian. (Or in some states there are damages caps.)) Any regular Joe would not get such immunity. So, we already have asterisks in our rule of law system--where a certain class of people are not subject to the same laws as others--one being sovereign immunity. Corporate protections arguably being another. A corporation can be guilty of a criminal charge but not necessarily the actual people that made the crime happen, which is seemingly absurd. Or you can't sue corporate execs individually even if it was their personal actions that led to harm to others, as long as it was done within the course and scope of their employment. For example, upper level execs know they are polluting and causing harm to environment/people. You can sue the company, but you're likely not going to be able to pierce the corporate veil to get to the execs who actually committed the act.