The Supreme Court says presidents have “absolute” immunity for clearly official acts, but no immunity for unofficial acts.
The best thing to be said about the Supreme Court’s ruling on immunity for Donald Trump is that it could have been so much worse.
Much of what Trump is on trial for would not fall under the cover of “official acts.”
— Trying to negate the result of an election he lost.
— Urging his minions to attack the Capitol to prevent Congress from certifying the election.
— Stealing documents and then refusing to return them.
Those are just three of many things that could not be considered official acts, and while the Supreme Court did Trump a tremendous favor by taking so long to decide, he should still be allowed to go on trial for those and other crimes he committed both during and after his term in the White House.
Asking the Georgia secretary of state to “find” enough votes for him to carry the state in 2020?
Not an official act.
In fact, election interference to subvert the actual results might be the furthest thing from an official act. The only possible way Trump winning the election might be an official act is if we equate him with Louis XIV, the Sun King, and even Louis probably never really said “L’etat, c’est moi” (I am the state).
The distinction between official acts and unofficial acts would seem to be very clear. An official act is something that benefits the country or helps to solve a national problem. An unofficial act would be something that only benefits the president personally.
One of Trump’s arguments was that a president should be permitted to send Seal Team Six to execute political opponents, and if he were in the White House today instead of President Biden, I guarantee Biden would be dead before the end of the month.
Given the ruling, if Biden weren’t basically a good man, Trump would be looking over his shoulder every time he goes out in public.
This may not be the most horrific decision of the Roberts Court. It already has Citizens United and Dobbs to its eternal shame, but those two and this one are historically awful. If there is one saving grace in all of it, maybe it will show potential voters who have been on the fence exactly how awful it would be to allow Trump back into the White House.
Barring that, Biden could always consider the Seal Team Six alternative.
There’s no old expression that a dog crapping in the house has “disgraced itself.”
Today six Supreme Court justices disgraced themselves.