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You just have to convince a judge that the act was outside of his official duties. Oh, and by the way, the evidence that the act was outside of his official duties is not admissible in court.
Oh, and also by the way, if you somehow manage to convince a trial court judge that the act was outside of his official duties, he can appeal the ruling. All the way back to the Supreme Court.
Correct. That's all you have to do.
Correct. If the judge rules the act was official, it cannot be used as evidence at trial. On the other hand, when the judge rules it is not an official act, it is admissible. So again, you just have to convince the judge it wasn't an official act.
What crime is Trump accused of where the only evidence of criminality is an official act? Answer: none. Not one. If he had stuck only to "official" acts, there would be no cause to charge him.
You are not actually suggesting that an accused criminal should not have access to an appeals process, so that criticism is invalid.
That's a neat little Catch 22 there. You need a ruling that it wasn't an official act to be able to introduce the evidence that it wasn't an official act.
That's a basic admissibility criteria, you are not allowed to just dump a pile of evidence onto the judge's lap, you have to make a case for each item as to why they're relevant to the case.
That said, the idea that the president acting in an official capacity wouldn't be prosecutable for his behaviour is a scary thought in its own right.
No catch-22.
"Admissibility" refers to what the jury can hear, not the judge. The judge gets to hear about the act, and rule on it. If he rules it official, the jury never heard about it. If he rules it unofficial, the prosecutor is free to present it as evidence at trial.
Ah, I stand corrected on that point. The judge may see the evidence to determine whether an act was unofficial, but the evidence may not be introduced at trial to establish motive.
Total tangent here, but re-reading the ruling has got me wondering where in the Constitution the Originalists found this principle.
I would say the basic separation of powers. If you can drag the president before the courts for any act taken in office, then the president is not the executive; the court system is.
Since you seem a bit more knowledgeable about the subject, what is stopping this scenario:
Lower courts decide they can’t determine what is/isn’t a presidential act, since standards weren’t outlined in the decision. They send it up the courts, where it lands in front of the Supreme Court. And since they set no standards, can determine them on partisan lines.
Key word is seem, they're talking out their ass. Anyone pretending this isn't a big fucking deal is either an idiot or purposefully lying.
I was just trying my best to give them the benefit of the doubt. I’m trying to learn to not assume the worst of people. It’s hard lol
That is a nonsensical position. Perhaps a judge determines they are not capable, and recuses themselves or otherwise resigns from the case: the case is reassigned to another judge. But any nitwit can make some sort of decision and support it with some sort of rationale.
The trial court judge cannot "send it up the courts". They render a decision, and one of the litigants - not the judge - petitions the appellate court, arguing that the trial court's rationale was wrong.
That is, and always has been, a risk in the judicial system established by our constitution. The checks and balances the legislative and judicial branch have against the court are few and weak.
At best, If SCOTUS engages in such shenanigans, such shenanigans will be engaged against SCOTUS: court packing, etc. Ultimately, though, the only real limit on the court is the willingness of We The People to accept its decisions.
Personally, and this is off on a tangent, I think we are due for a fundamental change to the way we empanel the courts, to reduce the politicization of the court. Instead of fixing the size of the court at 9, I think we should ignore the size of the court entirely, and just appoint one new, life-term justice in the first and third year of each presidential term. Any justice who dies or resigns is not replaced. The courts composition shifts on a slow, but steady pace. It does not stagnate due to justices timing their retirements for when a favorable replacement can be made. Nor does it lurch wildly when a justice gets that timing wrong and dies with the wrong party in the white house.
Further, I would adjust the confirmation process. If the president nominates a candidate who has been previously confirmed to a circuit court, no additional confirmation is required. The president thus has a small pool of qualified candidates he can elevate to the court directly, without needing to involve a hostile Senate.
Thank you for the response! 🤙🏼