What Roman Mars Can Learn About Con Law cover image

What Roman Mars Can Learn About Con Law

Law-Free Zone

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.
37:58

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Quick takeaways

  • The Supreme Court established categories of presidential conduct: core, presumptively immune, and subject to prosecution.
  • Justice Sotomayor criticizes creating a 'law-free zone' around the president, raising concerns about future presidential conduct.

Deep dives

Exploring Presidential Immunity in Criminal Cases

The Supreme Court deliberates on the issue of presidential immunity in criminal cases, posing hypothetical scenarios such as a president ordering the assassination of a political rival. The court establishes categories of presidential conduct: absolutely immune core conduct, presumptively immune conduct within the outer perimeter of official duties, and unofficial conduct subject to criminal prosecution.

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