Supreme Court Ruling on if a sitting president can be charged.

[Retired_Can_Soldier]

Allow me: the Court held that there are three categories of immunity for a President's actions:

Absolute immunity for any acts that fall within the exclusive Constitutional purview of the President. Examples would be negotiating treaties and ordering the armed forces.

Presumptive immunity (but the presumption can be overcome upon a sufficient showing that the act was not "in his official capacity") for other acts where the President shares responsibility with Congress (i.e,, the President is subject to laws passed by Congress in how the Pres carries out the duties). For example, spending allocated funds for purposes outside the allocation.

No immunity for "purely private" conduct, even though he's the Pres. An example would be if he finds someone's wife at a state dinner attractive and "grabs her by the pussy."

There's about a gazillion shades of grey in there, and it will no doubt play out for the next several decades.

Thanks.
I always thought you folks would have mechanisms in place to keep a felon from running for president.
Big win for felons.

 

[Retired_Can_Soldier]

Why , it is obvious that gunning down people in the street is not in the Presidents job description . Over the top scenarios do not foster serious discussion . Sorry if it seems like I am targeting you , but only because I feel you are too smart yet allow vested interests to inform your opinion .

Sorry, I didn't realize that I wasn't being smart enough by letting others form my opinions instead of yours?
Are you for fucking real?

 

[pgs]

Sorry, I didn't realize that I wasn't being smart enough by letting others form my opinions instead of yours?
Are you for fucking real?

Yes . Very real . Evil orange man , such a disgrace that he was the only president in your life that didn’t send soldiers off to die . History will remember the Donald far more favourably then you will .

 

[Tecumsehsbones]

Thanks.
I always thought you folks would have mechanisms in place to keep a felon from running for president.
Big win for felons.

For better or for worse, the Supreme Court long ago ruled that the list of qualifications for Federal government positions in the Constitution is exclusive, and can only be added to by Constitutional amendment. For President, that's:

35 or older
Natural-born citizen
14 consecutive years of residency in the U.S. prior to election.

 

[Retired_Can_Soldier]

Yes . Very real . Evil orange man , such a disgrace that he was the only president in your life that didn’t send soldiers off to die . History will remember the Donald far more favourably then you will .

History will remember it as the time America abandoned its standards for president.

So when he gave the order to march on the Capital on Jan6th and got people killed he wasn't acting as president.
Perfect.
Throw fuckhead in jail.

 

[Tecumsehsbones]

History will remember it as the time America abandoned its standards for president.

So when he gave the order to march on the Capital on Jan6th and got people killed he wasn't acting as president.
Perfect.
Throw fuckhead in jail.

We don't know. Again. . .

"Core Constitutional powers" - absolute immunity. Probably not that.

"Within the outer perimeter of his official responsibility" - rebuttable presumption of immunity. "At a minimum, the President must be immune from prosecution for an official act unless the Government can show that applying a criminal prohibition to that act would pose no 'dangers of intrusion on the authority and functions of the Executive Branch.'"

"As for a President’s unofficial acts, there is no immunity."

To decide which this is. . .

"The first step in deciding whether a former President is entitled to immunity from a particular prosecution is to distinguish his official from unofficial actions. . . Determining whether an action is covered by immunity thus begins with assessing the President’s authority to take that action. But the breadth of the President’s 'discretionary responsibilities' under the Constitution and laws of the United States frequently makes it 'difficult to determine which of [his] innumerable ‘functions’ encompassed a particular action.' The immunity the Court has recognized therefore extends to the 'outer perimeter' of the President’s official responsibilities, covering actions so long as they are 'not manifestly or palpably beyond [his] authority. . ."

Personally, I'd call exhorting (ordering?) a crowd of violent morons to attack the Congress "unofficial." But I'm not a bought-and-paid-for lackey in a black robe.