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Items tagged with: immune
Justice #Sotomayor dissent:
“Never in the history of our Republic has a President had reason to believe that he would be #immune from #criminal prosecution if he used the trappings of his office to violate the criminal #law. Moving forward, however, all former Presidents will be cloaked in such #immunity.
…if the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our #democracy, I dissent."
If #SCOTUS devises a test: Do they apply it themselves? (Doubtful) Or do they return the case to District Court Judge Tanya #Chutkan & instruct her to apply it? (More likely) If the justices apply the test themselves & allow some of the charges against #Trump to stand, the case could proceed. But if the court asks Chutkan to apply a test & she finds Trump is not #immune from prosecution, then Trump would undoubtedly appeal which would further delay a trial.
#law
Instead, the justices will likely split the difference.
They could rule that Trump can be prosecuted for some charges & not others — or they could outline a test to determine what conduct Trump & other former presidents can be prosecuted for & what they can’t.