Supreme Court Decision On Presidential Immunity

Any offical act of the President will have complete immunity if it can be established as official act. Anything that is clearly established as personal will not have immunity. However, anything that is debatable whether they are personal or official act, then, it should be evaluated/challenged whether this is done under the presumption of immunity through the lower courts.

Dissenting opinion from Justice Sotomayor clearly states she is afraid for democracy. Most actions of the President will be immune from criminal prosection. The dissenting opinion says that the President could do so many actions that might be immune from criminal prosection some of which are unimaginable and I refuse to write here in this thread.

It is interesting that the decision is 6-3 exactly in their political affiliation. In clear terms, in my opinion, President will be above the law unless the courts agree that he can be criminally prosecuted. The law that applies to common American may not apply to the President.

Remember, even assasination of the political opponent using the seal team came during the case was presented. The Supreme Court gives this decision with the impression that there should be separation of powers but it looks like laws created by the Congress may not be applicable to the President unless the court agrees it is not an official act. I feel Congress' power is eliminated by this decision, making only the Judiciary having right when a President can be criminally prosecuted. Congress can only impeach the President by 2/3rd majority but the President will not be liable for the criminal liabilities arising out of his act.

I look forward to your opinions.

 

President has absolute immunity of asking Department of Justice to investigate whether he lost the election and no prosectution can come out of it according to Supreme Court. Lucikly the military leaders rejected to intervene as otherwise, asking the military to get involved would have been an official act too. What is surprising is the following were referred to the lower court to find out whether the President has immunity:

1) Ordering his vice president to reject the electrocal vote counting.
2) Ordering his political party to organize fake electors
3) Ordering his political party to organize Jan 6th meeting just before the electrocal counting begins and their subsequent breaching of the Capitol Building.

Is it really happening or am I dreaming it?

 

It is still a nation of law but those laws applicable only to the ordinary citizens but not to the President. The words, "Fearing for the democracy, I dissent" written by 3 Supreme Court Justices will reverbrate for many years to come.

Presidential powers are enormous and now the question of whether it is legal or illegal order, the authority exercised by the President must be executed if it is official.

 

It is. There is no question. We went back 248 years to accept the elected President as King, thanks to the Supreme Court.

 

Dear Thyagarajan Sir,

It looks like the Americans need a strong leader at the top more than the weakest who is reluctant to make tough decisions even his actions are questionable when he was the President. They are willing to forgive his crimes rather than inaction by the present leadership. It is unfortunate that most of them are not focused on righteousness. The Supreme Court decision emboldens the MAGA team to become even more rampant in their effort to destablise the rule of law.

Perhaps, If Biden can show some courage by doing the following actions:

1) Quickly get a legislation for Ethics Law for the Judges and Justices passed in the Congress. I know the house is controlled by Republicans and let them go on record that they don't like ethics.

2) Meticulously ask Department of Justice to prosecute anyone who drifts away from the constitution and do treasoness acts.

3) Continue the prosecution of the pending Federal cases against J6 offenses including the ones that are against Trump

4) Settle the dispute between Israel and Palestinians through negotiated settlement

5) Engage in a conversation with Russian President Putin to stop the war against Ukraine and allow a Worldwide countries including China to negotiate a settlement.

6) Stop immigrants flowing into the southern border with strigent measures to send them to the countries from where they are coming in.

7) Make some stringent measures to make sure the social security and medicare payments are secured for the next several decades.

8) Reduce the fiscal deficit and stop borrowing more funds between now and the election.

9) Work diligently to increase the jobs and bring back outsourced work back to the US.