The Supreme Court's widely derided ruling last week on presidential immunity opens up an extreme possibility — imagine a kiosk in the lobby of the White House where the president's "lap dogs" order get-out-of-jail free cards rather than fries and a soda.That's the country's new reality, according ...
  • Zak@lemmy.world
    92·
    4 months ago

    A cursory reading of the decision (PDF), and most reporting on it do suggest that it allows the president to sell pardons. Clarity that it does not can be found in a footnote, which reads in part:

    JUSTICE BARRETT disagrees, arguing that in a bribery prosecution, for instance, excluding “any mention” of the official act associated with the bribe “would hamstring the prosecution.” … But of course the prosecutor may point to the public record to show the fact that the President performed the official act. And the prosecutor may admit evidence of what the President allegedly demanded, received, accepted, or agreed to receive or accept in return for being influenced in the performance of the act… What the prosecutor may not do,however, is admit testimony or private records of the President or his advisers probing the official act itself.

      • Zak@lemmy.world
        2·
        4 months ago

        This is presumably in reference to a past president, who would not have those powers. The legal issues surrounding prosecuting a sitting president have not been explored, and this ruling does not address them directly as they were not relevant to the case.

        • meleethecat@lemmy.world
          2·
          4 months ago

          But Trump won’t be a past president because he won’t leave office until he’s dead. He’ll never be prosecuted, and he knows it.

          • Zak@lemmy.world
            1·
            4 months ago

            The risk of something like that happening is not closely connected to anything in the ruling we’re discussing here. If a president manages to hold on to power after losing an election or reaching a term limit, the situation has devolved far beyond ordinary criminal prosecution; the constitution is no longer being enforced at that point.

    • Eyeuhnluuung@lemmy.world
      1·
      4 months ago

      I have a different take and I think the Chief Justice is being intentionally vague here. He references a bribery prosecution but never specifically mentions in the footnote whether he is referring to the issuance of a pardon, which is a core function, and thus entitled to absolute immunity based on the rest of the opinion. It’s also not clear whether he is referring to a prosecution of the briber or the person being bribed.

      • Zak@lemmy.world
        1·
        4 months ago

        Reading Justice Barrett’s partial concurrence, which is what the footnote responds to and also included in the linked ruling addresses your concern. Justice Barrett is unambiguously talking about prosecuting the president for accepting a bribe.

        The federal bribery statute forbids any public official to seek or accept a thing of value “for or because of any official act.” 18 U. S. C. §201©. The Constitution, of course, does not authorize a President to seek or accept bribes, so the Government may prosecute him if he does so.

        • Eyeuhnluuung@lemmy.world
          1·
          4 months ago

          Except a pardon is a core function within the president’s constitutional authority, not just an official act, thus based on the opinion entitled to absolute immunity. The footnote exchange is only referencing official acts (which are entitled to presumptive immunity) not core constitutional functions (like a pardon).

          • Zak@lemmy.world
            1·
            4 months ago

            Accepting a bribe is, however not an official act. It’s the acceptance of the bribe that’s illegal, not the official act itself.