Yep. The CORRECT version of the test is "ultra vires," meaning you only have immunity if you had actual legal authority for what you did. This OTOH is basically "anything you did in your capacity as president, even if it was unlawful"
Unofficial means like, sneaking out at night and stabbing a dude
From SCOTUSBlog:
The court in Part III of its opinion indicates that in this case "no court has thus far considered how" to distinguish between official and unofficial acts.
Moreover, Roberts continues, "the lower courts rendered their decisions on a highly expedited basis" and "did not analyze the conduct alleged in the indictment to decide which of it should be categorized as official and which unofficial" -- and it wasn't briefed before the Supreme Court.
So the Supreme Court isn't going to make that determination now. Instead, it will send the case back to the lower courts for further proceedings, although it does offer some guidance.
So the corporate executive board of US law just decided "Hmmm, we won't get any gratuities from our monied & landed friends if we make a decision on this right now so we're kicking it back to the lowbies to fuck it up more"
I’m sure our drone operators are men and women of impeccable honor that would refuse any and all illegal orders, which aren’t illegal when the president gives them.
So am i reading this correctly? The court gives trump immunity, but leaves the door open just in case they want to throw biden in jail?
(With the added bonus of stupid pundits saying “it’s not technically absolute immunity 🙃”)
No. SC ruled to give Trump immunity but will NOT decide which actions are illegal or legal. Lower Courts will have to take it from here to decide which acts are "official," which are "personal."
Dang my eyes 👀😁 Anytime👍 I still think tfg was dumb to go to SC for complete immunity. I'd never thought SC will "decide" "for" him (despite the 6 soldout Justices). The consequences will be catastrophic if it did. Now the lower Courts need to get their shit together and be ready.
I honestly expected this much (and I feel like you could at least make a case for it) but for them to add “btw the coup is probably an official act hehe” is just absurd on its face. I don’t see how anyone can even argue that.
And we know how most of those will go. 🙄 Esp if they can pick and choose the judge? As in Texas? Can they pick any judge or the one assigned to the case?
And that's another shitty steps that we can't control. SC wants their hands out. Lower Courts must pick up the dirts Trump's did, sort it out, and decide. If it's red states i.e. Floriduh, TX, he'll win. If it's blue states i.e. NY, he'll lose.
Exactly. The country has been broken into two radically different countries with no common values. He literally destroyed the entire thing in only 8 years.
This country has been broken into 2 radically different countries before: The Union and the Confederacy. It lead to a bloody war. Also the confederacy still exists in spirit. It was allowed to continue festering without any recriminations.
No. We're not. You see SC are cowards. They send the decisions to lower Courts. Chances are (if some Judge is not like that Aileen ducking Cannon) cases will expand endlessly (if tfg is not jailed yet) to lower Courts.
Is that better or worse than when Obamas administration coined "due process doesn't necessarily mean judicial process" when extra judiciously assassinating american citizens?
This is a time bomb wrapped around the heart of the system. Roe could be reinstated with five votes. This unmakes the system in a way that is not fixable. If Trump loses, the bomb is still there, waiting to go off.
