Corner Post is first, party-line case judicially extending the statute of limitations for APA challenges out to the heat death of the universe. Barrett writes, Jackson dissents. www.supremecourt.gov/opinions/23p...
2nd up is Netchoice—the judgments are unanimously vacated and sent back. Kagan writes with 6 joiners (though Jackson skips a few parts). Several conservatives pen concurrences in the judgment. www.supremecourt.gov/opinions/23p...
Roberts rules for Trump. Absolute immunity for “official acts.” Vacated and remanded. Party line case. Both Sotomayor and Jackson dissent. Fuck this. www.supremecourt.gov/opinions/23p...
Okay, it’s absolute immunity for official acts that are “within [the president’s] exclusive and preclusive authority” and presumptive immunity for all official acts. Corrupting the DOJ — absolute immunity (which boggles my mind). Pressuring Pence — presumptive immunity.
Also SCOTUS rules that Trump is absolutely immune from prosecution for demanding DOJ pressure the states to change their vote count and threatening to replace the AG.
"Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."
That. Was. Not. An. Official. Act.
The elections are run by the states. Certainly, someone who ran in the election should have no say in changing the counting or certification.
So if he actually meddled? Asked them to have an "alternative slate of electors" send their votes to DC? That would still be a crime? I guess we'll be hearing more about this, but I'm of a mind that they intend all of that activity to be immune. We'll see.
I believe the chain is this:
1) States run elections to delegate electoral votes to send to Congress
2) Congress does the ACTUAL tally of the EVs
3) That tally is presided over by the Vice Prez
4) The President can therefore "officially" order his VP to override the vote, which is a protected act
Also true, but the ruling also makes that "presumptively protected" because making sure elections happen is presumably an executive branch function, so he can claim it as official business despite the conflict of interest.
Essentially, Trump can claim immunity as long as he did it "As President"
'Discussion' should be immune, 'Coercion', 'Pressure', 'Duress', etc. are very different things and should NOT be immune. Scrotus clearly struggling with basic English as well as jurisprudence.