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re: SCOTUS isn’t going to mess with immunity

Posted on 4/25/24 at 5:27 pm to
Posted by da prophet
hammond, la
Member since Sep 2013
2327 posts
Posted on 4/25/24 at 5:27 pm to
quote:

But that does not apply in this case because Trump is not a sitting President, he is a former President - so impeachment has nothing to do with whether he can be criminally charged with anything.

But it does apply. Trump was in office and he was acquitted by the Senate on the charge of insurrection. By your premise DA’s and states could prosecute a former president for anything they did while in office. Like Alito said a true banana republic.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423884 posts
Posted on 4/25/24 at 5:38 pm to
quote:

But it does apply. Trump was in office and he was acquitted by the Senate on the charge of insurrection. By your premise DA’s and states could prosecute a former president for anything they did while in office. Like Alito said a true banana republic.

What about (alleged) crimes that didn't get an impeachment vote? Just in the ether?

quote:

By your premise DA’s and states could prosecute a former president for anything they did while in office

This can avoid the real issues with limited immunity for executive actions, like every other government position with a similar limited immunity.

Then it's only non-executive actions that may violate the law at issue. Hopefully there would not be many from a President
Posted by SoonerK
Member since Nov 2021
948 posts
Posted on 4/25/24 at 5:54 pm to
quote:

But that does not apply in this case because Trump is not a sitting President, he is a former President - so impeachment has nothing to do with whether he can be criminally charged with anything.

But it does apply. Trump was in office and he was acquitted by the Senate on the charge of insurrection. By your premise DA’s and states could prosecute a former president for anything they did while in office. Like Alito said a true banana republic.

Neither of the Impeachments of Trump had to do with insurrection.
Posted by JimEverett
Member since May 2020
208 posts
Posted on 4/25/24 at 9:45 pm to
quote:

By your premise DA’s and states could prosecute a former president for anything they did while in office


No, I never said that.
All I am saying is that a successful impeachment is not a pre-requisite to charging a former President for alleged crimes committed while in office.

There are still other issues at play that can bar such charges/prosecutions - like immunity for official acts.

Obviously, I am not some big-time Supreme Court lawyer so I could be off here, that is just how I read the Constitution.
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