this post was submitted on 03 Jul 2024
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the president already has immunity as well? Though i believe specifically, it's civil immunity, which tbf is probably most of the cases that would arise.
Regardless it's literally enshrined in the founding papers of america, that the president is not treated any different from a normal civilian. It's a foundational part of our government.
And if you really wanted immunity. Why not provide immunity during their tenure? And not outside of it. We can't justifiably hold our president from the prospects of criminal charges, and we don't (privately), and haven't (entirely) for the past 200 years. And even if they did get charged with something, it's not like you couldn't get a pardon. That's what happened with nixon.
Here's a better question though. Why would the president ever break a law, could you provide a example where it would be obviously beneficial for the president of the US to be immune (across the board) from prosecution? Because in most cases where you would argue for it, it's already explicitly immune due to a separate exclusive immunity, rather than inclusive immunity, as this provides. At best this seems incredibly redundant, and at worst this literally removes an entire segment of checks and balances against the executive, as currently defined, it basically blanket removes a check and balance.
Why not institute some form of decorum for processing and handling criminal charges against the executive that ensure that no duties are "inhibited" without providing a total immunity, except for cases that are not currently defined. It's not like the president doesn't have any legal experts around him.
And while it's true that it's dependent on what's classified as an "official duty" the sole discretion of that is left up to the supreme court. Which removes the independent nature of the congress performing a check and balance. Especially considering the often turbulent nature of the modern supreme court.
The discretion of official duty is left up to the trails court, not the supreme court. It's literally in the ruling.
The president has always had immunity. This changes nothing.
If I order someone to be murdered in another country I can be prosecuted. If the president does it they cannot be prosecuted (if, obviously, it was for the protection of the United States). There is your example. SCOTUS didn't give the president anything. The president already had it. Because SCOTUS doesn't make law.
Have a nice day / night.