816
submitted 4 months ago* (last edited 4 months ago) by BackOnMyBS@lemmy.autism.place to c/asklemmy@lemmy.world

Sorry if this is not the proper community for this question. Please let me know if I should post this question elsewhere.

So like, I'm not trying to be hyperbolic or jump on some conspiracy theory crap, but this seems like very troubling news to me. My entire life, I've been under the impression that no one is technically/officially above the law in the US, especially the president. I thought that was a hard consensus among Americans regardless of party. Now, SCOTUS just made the POTUS immune to criminal liability.

The president can personally violate any law without legal consequences. They also already have the ability to pardon anyone else for federal violations. The POTUS can literally threaten anyone now. They can assassinate anyone. They can order anyone to assassinate anyone, then pardon them. It may even grant complete immunity from state laws because if anyone tries to hold the POTUS accountable, then they can be assassinated too. This is some Putin-level dictator stuff.

I feel like this is unbelievable and acknowledge that I may be wayyy off. Am I misunderstanding something?? Do I need to calm down?

you are viewing a single comment's thread
view the rest of the comments
[-] Ranvier@sopuli.xyz 17 points 4 months ago* (last edited 4 months ago)

The president already was protected from all civil lawsuits due to previous rulings. This ruling was only about criminal prosecutions.

He has absolute immunity for any use, for any reason, of his core presidential powers include anything listed in article 2 (the military, pardons, firing or hiring officials within the executive department). There is no determining if those are an official act or not. Anything the president does with an article 2 power is an official act with absolute immunity now. Motives or reason for using that power or the outcome of that cannot be questioned. It is legal for the president to accept a bribe to pardon someone right now. The fact that it happened couldn't even be mentioned in court.

Only when the president is doing something not listed in the constitution can it be determined if it's an official or unofficial act by the courts and should be immune. And again it's the action, not the motive or the result or purpose of the action, that determines whether it is official. The only example they gave was talking to justice department officials is official. So if he is talking to justice department officials to arrange a bribe or plan a coup? Legal, immune, can't even be used as evidence against him. It doesn't matter why he was talking to the justice department, the fact that he was makes him immune from any laws he breaks in the process of doing so. They aren't determining if a bribe or coup is an official act, they're determining if talking to justice department officials in general is. It doesn't matter what he's actually doing it for, arranging a coup? That's perfectly okay. Oh someone found out, pardon everyone else involved in the conspiracy who wasn't already immune. Now it can't even be brought up in court.

In the example you gave of ordering an assassination, if it used the military to do the assassination that is a core power, cannot be questioned. The supreme court ruling placed no limits on what can be done with his article 2 powers. Only a nebulous official vs not official test for things not listed in article 2. There's also a very worrying core power in article 2 about "ensuring laws are faithfully executed" that even Barrett thought was too much in her concurrence as it could apply to seemingly anything. Basically, as long as the president is using the levers of government to commit crimes, legal now.

Impeachment is the only recourse now as you say, but even if impeached and removed from office by some miracle, they still wouldn't be able to be held criminally liable afterwards for that.

Everyone panicking in this thread is right to do so.

this post was submitted on 03 Jul 2024
816 points (95.0% liked)

Ask Lemmy

26858 readers
701 users here now

A Fediverse community for open-ended, thought provoking questions

Please don't post about US Politics. If you need to do this, try !politicaldiscussion@lemmy.world


Rules: (interactive)


1) Be nice and; have funDoxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them


2) All posts must end with a '?'This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?


3) No spamPlease do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.


4) NSFW is okay, within reasonJust remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either !asklemmyafterdark@lemmy.world or !asklemmynsfw@lemmynsfw.com. NSFW comments should be restricted to posts tagged [NSFW].


5) This is not a support community.
It is not a place for 'how do I?', type questions. If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email info@lemmy.world. For other questions check our partnered communities list, or use the search function.


Reminder: The terms of service apply here too.

Partnered Communities:

Tech Support

No Stupid Questions

You Should Know

Reddit

Jokes

Ask Ouija


Logo design credit goes to: tubbadu


founded 1 year ago
MODERATORS