What Trump Can Teach Us About Con Law Law-Free Zone
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Jul 16, 2024 
Supreme Court Justice Sonia Sotomayor discusses the concept of presidential immunity and the law-free zone around the President. They explore the implications for criminal cases against former President Trump and the boundaries of presidential powers. The podcast delves into the lack of legal precedent for criminal liability cases against former presidents, the analysis of presidential immunity in federal criminal cases, and the implications of classifying a president's actions as official or unofficial in the context of Trump's legal battles. Justice Sotomayor's dissenting opinion and concerns about the balance between presidential immunity and accountability are also highlighted.
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Supreme Court's Immunity Categories
- The Supreme Court classified presidential conduct into three categories: core official acts, outer official acts with presumptive immunity, and unofficial acts with no immunity.
- This framework creates complex immunity protections that shield official acts from criminal prosecution even if motives are corrupt.
No Motive Inquiry or Evidence Use
- Courts may not inquire into the president's motives for official acts, no matter how corrupt they appear.
- Prosecutors are barred from using official conduct as evidence in criminal cases for other unrelated crimes.
Uncertainty in Conduct Classification
- The court left it to lower courts to distinguish official from unofficial conduct, creating uncertainty in prosecuting certain presidential acts.
- No Trump conduct was clearly labeled unofficial, limiting prosecution paths under this decision.