The Lawfare Podcast Lawfare Daily: Are Former Presidents Immune From Criminal Prosecution? We’re Still Not Sure
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Jul 2, 2024 Exploring the Supreme Court's ruling on former presidents' immunity from criminal prosecution in the case of Trump v. United States, highlighting the complexities of the decision and its implications. Analyzing Justice Jackson's dissent and the challenges in differentiating official acts from unofficial acts. Discussing the ambiguities in presidential immunity and the difficulties faced by legal experts in interpreting and implementing specific tests. Delving into the implications of a recent legal opinion on former presidents' immunity in cases in New York and Florida, including discussions on conspiracy charges and accountability scenarios.
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Supreme Court's Immunity Categories
- The Supreme Court divided presidential conduct into three categories: absolutely immune, presumptively immune, and private acts with no immunity.
- This framework requires extensive fact-finding and will significantly delay prosecution, complicating future presidential cases.
Key Standard to Overcome Immunity
- The key test to overcome presumptive immunity is showing no danger of intrusion on executive functions.
- How broadly this standard is applied will shape the case's progression and its challenges.
Sotomayor's Stark Dissent
- Justice Sotomayor's dissent strongly warns that presidential immunity should not shield a former president from criminal acts.
- She emphasizes concerns about inability to probe motive and that the ruling extends immunity beyond impeachment scope.