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Is anyone else highly concerned with the SCOTUS ruling that the POTUS is immune from criminal liability? (lemmy.autism.place)

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

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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?

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[-] ImplyingImplications@lemmy.ca 6 points 4 months ago

a single example of a situation where the President would need to break the law in an official capacity.

I definitely don't support the ruling but Obama has ordered drone strikes that killed children. Does that mean Obama should stand trial for murder? I think the idea is that the president is given the authority to do things most people can't, and because of that, they can't be held to the same standard as other people, at least while using that authority.

There really aught to be a line though. There can't be blanket Immunity on every single presidental act no matter what. Ordering the assassination of the al-Qaeda leader and ordering the assassination of the Democrat leader should not be considered equal actions under the law. Trump is already arguing that his conspiracy to overturn the 2020 election results was an official action of the president. There's no way that should be considered valid.

[-] voracitude@lemmy.world 18 points 4 months ago

What laws of our land were broken? Which statute? Has Obama been charged with anything and if so what? Because he didn't have immunity from criminal prosecution, remember, so if this is your example you're going to need to show that a former president a) had to break the law, b) couldn't have accomplished the thing with existing powers, and c) faced criminal prosecution for that "official act" when they shouldn't have, as a result of not having this immunity.

And this is my point exactly. Obama hasn't been prosecuted for those drone strikes, nor for the operation that killed Bin Laden; and he won't be, because those acts did not break United States law. When the President needs to do something most people can't, they use powers imparted under existing law - the president already has quite a lot of power, you know. In the few cases the President has needed more than that, they've had to go justify it and get the other branches on board, at least nominally (looking at you, Bush Jr, and sending the Guard to the middle east to get around needing Congress to send the regular Army ಠ⁠_⁠ಠ). This is the way the system was designed, with checks and balances on each branch.

Long story short I'm sorry to say I find your example lacking and my challenge remains unmet. I very much appreciate you engaging in good faith though, so thanks!

this post was submitted on 03 Jul 2024

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