Posted: 02 July 2024 at 9:15am | IP Logged | 1
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This ruling definitely helps Trump, but I don't see it as the sweeping victory many are characterizing it as.
The court determined that Trump has varying degrees of immunity from prosecution for official acts he undertook as the president.
The case was remanded back to the trial court to determine which actions in the indictment were "official acts" and gave only this guidance:
When the President acts pursuant to constitutional and statutory authority he takes official actions to perform the functions of his office. Therefore, the first step in determining whether an act is "official" is to analyze whether the President had the authority to undertake the act.
Any acts that are "manifestly or palpably beyond his authority" are by definition, not official acts, and would not be protected.
The ruling also separates official acts of the President into two categories: (1) official acts taken "within his conclusive and preclusive constitutional authority," meaning acts that are part of the core of his official duties, and (2) acts on the "outer perimeter of the President's official responsibilities."
The Court ruled that the president has absolute immunity from prosecution for the first type of official acts, but only presumptive immunity regarding the second type of official acts. Trump's lawyers argued for absolute immunity from both.
Presumptive immunity is rebuttable. That means he can be charged for official acts where "the Government can show that applying a criminal prohibition...would pose no danger of intrusion upon the authority and functions of the executive branch."
With these parameters in place, the Court briefly considered the nature of the allegations in the criminal case.
First, the court looked at allegations related to Trump's interactions with the Justice Department:
"The indictment alleges that as part of their conspiracy to overturn the legitimate results of the 2020 presidential election, Trump and his co-conspirators attempted to leverage the Justice Department’s power and authority to convince certain States to replace their legitimate electors with Trump’s fraudulent slates of electors. According to the indictment, Trump met with the Acting AttorneyGeneral and other senior Justice Department and White House officials to discuss investigating purported election fraud and sending a letter from the Department to those States regarding such fraud. The indictment further alleges that after the Acting Attorney General resisted Trump’s requests, Trump repeatedly threatened to replace him."
The Court held that "The Executive Branch has 'exclusive authority and absolute discretion' to decide which crimes to investigateand prosecute, including with respect to allegations of election crime...And the President’s 'management of the Executive Branch' requires him to have 'unrestricted power to removethe most important of his subordinates'—such as the Attorney General—'in their most important duties.' The indictment’s allegations that the requested investigations were shams or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. Because the President cannot be prosecuted for conduct within his exclusive constitutional authority, Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."
This part of the ruling is the biggest win for Trump. On one hand, I think its important to note the court only expressly extended immunity to cover his "discussions" with the Justice Department. Had the department moved forward with "sham investigations" that would seemingly fall under the heading of unofficial acts, because using the Department of Justice to perpetuate fraud is beyond the constitutional or statutory authority of the office.
On the other hand, I disagree with the court here, because in my view, Trump's conduct went beyond "discussions" in that he gave directions to Justice Dept officials (which they did not follow). In my view, if the trial court can prove fraudulent intent, then just directing the Justice Department to participate should be considered an unofficial act, because its beyond his authority. Unfortunately, this decision makes that conclusion impossible, because the Court said that trial courts can't consider the president's motive.
Regarding Trump pressuring Pence not to certify the election results, the court said Trump would only have presumptive immunity; meaning he can be prosecuted if doing so would not pose a danger of intrusion upon the authority and functions of the executive branch.
I would argue it does not, and I think the court would agree, because they characterized Pence's role as only "ceremonial."
Next, the court looked at Trump's interactions with parties who are outside the executive branch:
"In particular, the indictmentalleges that Trump and his co-conspirators attempted to convince certain state officials that election fraud had tainted the popular vote count in their States, and thus electoral votes for Trump’s opponent needed to be changed to electoral votes for Trump. After Trump failedto convince those officials to alter their state processes, he and his co-conspirators allegedly developed and effectuated a plan to submitfraudulent slates of Presidential electors to obstruct the certification proceeding. On Trump’s view, the alleged conduct qualifies as officialbecause it was undertaken to ensure the integrity and proper administration of the federal election. As the Government sees it, however, Trump can point to no plausible source of authority enabling the President to take such actions."
Here, the court remanded to the trial court to make a factual determination of which side is right. However, if the state prevails on its argument that Trump lacked authority to undertake these actions, then they are unofficial acts, and subject to prosecution without immunity.
Finally, the court looked at allegations concerning Trump's public comments and tweets on Jan 6, and determined that if Trump was speaking as a political candidate or the head of a political party, his comments would not be official acts, and would not be protected. It is up to the trial court to determine, based on context, whether that is the case.
Edited by John Wickett on 02 July 2024 at 9:20am
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