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We conclude that under our constitutional structure of
separated powers, the nature of Presidential power requires that a former President have some immunity from
criminal prosecution for official acts during his tenure in
office. At least with respect to the President’s exercise of
his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in
this case, however, we need not and do not decide whether
that immunity must be absolute, or instead whether a presumptive immunity is sufficient.
originally posted by: EndTime
a reply to: putnam6
Did it really just defer for clarification?
One of the main opinions in the ruling reads as
We conclude that under our constitutional structure of
separated powers, the nature of Presidential power requires that a former President have some immunity from
criminal prosecution for official acts during his tenure in
office. At least with respect to the President’s exercise of
his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in
this case, however, we need not and do not decide whether
that immunity must be absolute, or instead whether a presumptive immunity is sufficient.
That is much more than a deferral.
originally posted by: putnam6
originally posted by: EndTime
a reply to: putnam6
Did it really just defer for clarification?
One of the main opinions in the ruling reads as
We conclude that under our constitutional structure of
separated powers, the nature of Presidential power requires that a former President have some immunity from
criminal prosecution for official acts during his tenure in
office. At least with respect to the President’s exercise of
his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in
this case, however, we need not and do not decide whether
that immunity must be absolute, or instead whether a presumptive immunity is sufficient.
That is much more than a deferral.
Unfortunately, much like myself YOU have no link,
Im pretty sure my point came directly from WaPo I'll see if I can find it, LOL it's in another thread
originally posted by: EndTime
originally posted by: putnam6
originally posted by: EndTime
a reply to: putnam6
Did it really just defer for clarification?
One of the main opinions in the ruling reads as
We conclude that under our constitutional structure of
separated powers, the nature of Presidential power requires that a former President have some immunity from
criminal prosecution for official acts during his tenure in
office. At least with respect to the President’s exercise of
his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in
this case, however, we need not and do not decide whether
that immunity must be absolute, or instead whether a presumptive immunity is sufficient.
That is much more than a deferral.
Unfortunately, much like myself YOU have no link,
Im pretty sure my point came directly from WaPo I'll see if I can find it, LOL it's in another thread
Here is the link to the SCOTUS ruling. It is a PDF
PDF LINK
Justices give presidents immunity for official acts, further delaying Trump’s trial
The justices said unofficial acts have no immunity, sending Donald Trump’s Jan. 6 case back to the D.C. judge to decide which alleged acts are official.
From the article
The high court left it up to the D.C. trial judge, U.S. District Judge Tanya S. Chutkan, to determine which parts of Trump’s alleged conduct were unofficial acts by the then-president — a formula that seems likely to further narrow the scope of Smith’s case against Trump and add significant time and further appeals to the case.
But because Roberts did not send the case back to lower courts “forthwith,” as the special counsel had asked, Chutkan will have to wait until early August to begin those determinations.
originally posted by: EndTime
a reply to: putnam6
Ah, I see what you are saying. Apologies for my confusion.
Yes you are correct, we dont know the next events from this ruling, in particular how the lower courts will proceed. They may appeal or dismiss.
Would you still agree that this ruling reaffirms the immunity defense for presidents when doing certain acts?
Yes, it does. Presidents have always had immunity from certain acts, it's the determination of what's official and what's not an official act.
originally posted by: EndTime
a reply to: putnam6
Yes, it does. Presidents have always had immunity from certain acts, it's the determination of what's official and what's not an official act.
So this determination if an act is official or not is the balancing factor? Does the fact we have added another step to the process not increase the level of protection?
originally posted by: EndTime
a reply to: putnam6
Yes, it does. Presidents have always had immunity from certain acts, it's the determination of what's official and what's not an official act.
So this determination if an act is official or not is the balancing factor? Does the fact we have added another step to the process not increase the level of protection?
I would think that the judge is going to seek legal advice so that sentencing is entirely above-board, and that Trump cannot appeal against unfair sentencing.
chr0naut: I would think that the judge is going to seek legal advice so that sentencing is entirely above-board, and that Trump cannot appeal against unfair sentencing.