RE: the immunity decision
Yesterday, in a stunning opinion that destabilized the Lawfare ideologues, the Supreme Court affirmed the Unitary Executive principle around the constitution.
The 6-3 opinion held that the President is “a person alone who comprises a branch of government.” This is important to understand. The Executive Branch is the President.
As noted by reader Alex1689: […] Read the SCOTUS opinion, not from a point of view of apprehension about President Trump (he’ll be fine), but from the point of view of what does this allow him to do in his second term, and what straightjackets does it remove that were a threat during his first term?
To start, the court wrote about powers that carry with them core, absolute immunity, the exercise of which cannot come under question in any forum. It specifically identified:
Pardons
Recognition of foreign governments
Removal of executive branch officials.
If it can’t be questioned . . . It also cannot be the grounds for impeachment, can it?
Let’s repeat: If it’s a core power, the exercise of the core power cannot be grounds for impeachment (*except if done in connection with taking a bribe).
In his first term, there was the threat that if President Trump fired . . .
Rosenstein
Barr
Fauci
That he would be prosecuted for obstruction of justice or impeached.
That threat is forever off the table now.
He can fire anyone he likes in the executive branch. The straightjacket is gone.
On that point, further, the majority opinion uses strong language consistent with the Unitary Executive theory of the Constitution. The President is “a person alone who comprises a branch of government.”
While there are areas of shared constitutional responsibility, the core powers of the Executive Branch, including personnel, are the President’s alone.
Schedule F
Boom.
While impeachment is a political process within the Legislative Branch, and the Supreme Court is extremely hesitant to overstep their role therein, they did put this sentiment clearly into the opinion about immunity: …“The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution.”…
Congress may not criminalize the conduct of the President simply for carrying out his core executive branch duties. Removal of Executive Branch officials is a core duty, an official act, carrying absolute immunity.
That newly affirmed reality is exactly why Andrew Weissmann and the Lawfare crowd are very alarmed.
bbb - exec ruling
To start, the court wrote about powers that carry with them core, absolute immunity, the exercise of which cannot come under question in any forum. It specifically identified:
Pardons
Recognition of foreign governments
Removal of executive branch officials.
If it can’t be questioned . . . It also cannot be the grounds for impeachment, can it?
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Thank you so much for bringing that here. I missed that list in my review of the decision.
Thank you, that helps explain it clearly.