Ask Lemmy

Looking beyond the fate of this particular prosecution, the long-term consequences of today’s decision are stark. The Court effectively creates a law-free zone around the President, upsetting the status quo that has existed since the Founding. This new official-acts immunity now “lies about like a loaded weapon” for any President that wishes to place his own interests, his own political survival, or his own financial gain, above the interests of the Nation. Korematsu v. United States, 323 U. S. 214, 246 (1944) (Jackson, J., dissenting). The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.

Taken directly from the supreme court ruling.

The court concluded that the POTUS has presumptive immunity from criminal prosecution for all official acts--those that fall within in the outer perimeter of his duties-- or acts is that are "not manifestly or palpably beyond [his] authority."

The court goes on to say that if the government wants to prosecute the POTUS for a crime, they have the burden of proving that the prosecution would "pose no dangers of intrusion on the authority and functions of the Executive Branch.” Such a ruling seriously hamstrings any effort to hold a criminal POTUS accountable since much of the evidence for criminal conduct is going to involve interactions with government officials.

It is just wrong to say that this ruling does not immunize the POTUS from criminal acts, that is exactly what it does. As it stands now, the president can order parts of the executive branch to engage in criminal behavior, like murdering political rivals or seizing voting machines, and he would be immune from prosecution because his actions (giving an order to executive officers) are "not manifestly or palpably beyond [his] authority." All he would need to do, as the law stands now, is come up with some argument about how his prosecution for a crime interferes with executive function. An extremely low bar.

Also, this is new law. Most of the cites you give deal with civil immunity, not criminal immunity, this law immunizes the POTUS from crimes.

The decision reaffirms that the President can be held accountable for actions outside the scope of their official duties.

But notably, it does shield them from prosecution for crimes which are tangentially related to their official duties. For example, granting a presidential pardon is an official duty. Taking a bribe in exchange for that pardon would be a crime. But now the president is allowed to openly and blatantly take that bribe, because the bribe is tangential to their official duty, and they are therefore shielded from prosecution.

It does not grant blanket immunity for all actions or allow the President to act as a dictator.

Many experts disagree with the second half of your sentence, because ordering an assassination could easily be argued to be an official duty; After all, the POTUS is the commander in chief of the military. According to this ruling, ordering it illegally would be protected, because the illegality is tied to the official duty.