This decision dramatically tilts power toward the executive by creating broad criminal shields for official acts that are tough to overcome in court.
It rewards creative lawyering to label actions “official” while handcuffing prosecutors on evidence.
via The Nation:
Under this new standard, a president can go on a four-to-eight-year crime spree and then retire from public life, never to be held accountable.
Welp, Donald Trump won. The Supreme Court today ruled that presidents are entitled to “absolute immunity” from criminal prosecution for official acts, then contended that pressuring the vice president and the Department of Justice to overthrow the government was an “official act,” then said that talking to advisers or making public statements are “official acts” as well, and then determined that evidence of what presidents say and do cannot be used against them to establish that their acts are “unofficial.”
The ruling from the Supreme Court was 6-3, written by Chief Justice John Roberts, on a straight party-line vote, with all the Republican-appointed justices joining to give the president the power of a king. While some parts of the federal indictment against Trump will be remanded back down to the district-court trial judge to determine whether any of Trump’s actions were “unofficial” (“unofficial” acts, the court says, are not entitled to immunity), Trump’s victory in front of the Supreme Court is total. Essentially, all he has to do is claim that everything he did to plot a coup was part of his “official” duties, and the Supreme Court provided no clear method or evidentiary standard that can be used to challenge that presumption.