U.S. Supreme Court affirms U.S. presidential immunity for official acts
The U.S. Supreme Court recently held that a president “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.’’
It’s a good decision on behalf of all presidents, but not for Democrats and the President Joe Biden adminstration as it was their aim to further prosecute former President Donald Trump, who just happens to be the leading opposition candidate against Biden.
Before now in U.S. history, there was never a serious question as to whether presidents had immunity from prosecution for their official acts.
American citizens have always respected the office of the presidency and never really questioned whether the president was always acting in the best interest of the country when he made decisions. It was just assumed so.
The Supreme Court’s decision came with the statement that presidents, as always, could be prosecuted for “unofficial acts’’ outside of their normal duties and had no immunity from prosecution just like all other U.S. citizens.
Alexander Hamilton understood the importance of an “energetic executive’’ (Federalist 70). It’s why we elect one president instead of two consuls or a three-person directorate, constitutional experts in agreement with the Supreme Court ruling said. It’s also why the president must be able to exercise his “competent powers’’ boldly and with confidence.
John Sauer, attorney for former President Donald Trump, warned in oral arguments that allowing presidents to be prosecuted for official acts would “destroy presidential decision making.’’
Sauer said presidents would have to walk on eggshells for four to eight years and hope the next administration shows mercy and doesn’t seek to use lawfare against them the way that the Biden adminstration has been seeking to destroy Trump.
Justice Clarence Thomas got it right. Judge Thomas said, “There has been much discussion about ensuring that a president is not above the law. But, as the Court explains, the president’s immunity from prosecution for his official acts is the law.’’
The court left some room for questions about what exactly counts as an official act, but no matter how you look at it this is a major setback for President Biden’s Department of Justice “lawfare’’ campaign against Trump.