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

Ask Lemmy

26980 readers
1525 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
 

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
[–] PM_Your_Nudes_Please@lemmy.world 8 points 4 months ago (1 children)

The decision reaffirms that the President can be held accountable for actions outside the scope of their official duties.

But notably, it does shield them from prosecution for crimes which are tangentially related to their official duties. For example, granting a presidential pardon is an official duty. Taking a bribe in exchange for that pardon would be a crime. But now the president is allowed to openly and blatantly take that bribe, because the bribe is tangential to their official duty, and they are therefore shielded from prosecution.

It does not grant blanket immunity for all actions or allow the President to act as a dictator.

Many experts disagree with the second half of your sentence, because ordering an assassination could easily be argued to be an official duty; After all, the POTUS is the commander in chief of the military. According to this ruling, ordering it illegally would be protected, because the illegality is tied to the official duty.

[–] grandkaiser@lemmy.world 2 points 4 months ago

But notably, it does shield them from prosecution for crimes which are tangentially related to their official duties. For example, granting a presidential pardon is an official duty. Taking a bribe in exchange for that pardon would be a crime. But now the president is allowed to openly and blatantly take that bribe, because the bribe is tangential to their official duty, and they are therefore shielded from prosecution.

Not at all. While granting a pardon is an official duty, taking a bribe in exchange for a pardon is a criminal act. The decision does not shield the President from prosecution for such criminal conduct. Criminal acts are just as prosecutable as there were prior.

Excerpt from the ruling:

“As for a President’s unofficial acts, there is no immunity. The principles we set out in Clinton v. Jones confirm as much. When Paula Jones brought a civil lawsuit against then-President Bill Clinton for acts he allegedly committed prior to his Presidency, we rejected his argument that he enjoyed temporary immunity from the lawsuit while serving as President. 520 U. S., at 684. Although Presidential immunity is required for official actions to ensure that the President’s decision making is not distorted by the threat of future litigation stemming from those actions, that concern does not support immunity for unofficial conduct. Id., at 694, and n. 19.”

Unofficial conduct includes taking bribes.

Many experts disagree with the second half of your sentence, because ordering an assassination could easily be argued to be an official duty; After all, the POTUS is the commander in chief of the military. According to this ruling, ordering it illegally would be protected, because the illegality is tied to the official duty.

"Many experts" isn't someone I can talk with or argue against. They're just weasel words.

Ordering an assassination is illegal. It violates the fifth and fourteenth amendments to the constitution (as they deprive persons of "life, liberty, or property" without fair legal procedures and protections). as well as Executive Order 12333 in which assassination is explicitly deemed illegal.