Today, by 6 votes to 3, the US Supreme Court ruled that the US President has absolute immunity from prosecution in the exercise of his constitutional powers. For other acts performed by the President in his official capacity, he has presumptive immunity. There is no immunity for acts performed by the President in his non-official capacity.
"...In his Farewell Address, George Washington reminded the Nation that “a Government of as much vigour as is consistent with the perfect security of Liberty is indispensable.” ..A government “too feeble to withstand the enterprises of faction,” he warned, could lead to the “frightful despotism” of « alternate domination of one faction over another, sharpened by the spirit of revenge.” ..And the way to avoid that cycle, he explained, was to ensure that government powers remained “properly distributed and adjusted.”…It is these enduring principles that guide our decision in this case. The President enjoys no immunity for his unofficial acts, and not everything the President does is official.
The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party… »
The judgment of the Court of Appeals was vacated and the case was sent back to the first instance.
... "With fear for our democracy, I dissent », Judge Sonia Sotomayor wrote in her emotional dissenting opinion: "....The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.
Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the
majority’s message today »…
Both the judgments of the majority and dissenting judges, with their reasoning and references to a history, philosophy and case-law, are interesting and deserve careful reading.
Student at Cgicago
3wWell, Fraud under cover of the law has been fomented, It was and is the US Chamber of Commerce commission of the Powell Memorandum that culminated the Supreme Citizen United, Powel was appointed as an associate and quickly left the court in 60 days, in our Country these shenanigans are allowed because the Church model id corrupt .