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To: Political Junkie Too

Good for you.

And yet, presidents have immunity from executive decisions. Trump isn’t being charged for executive decisions. That is not what he is facing, nor does this lead to future presidents being charged.


102 posted on 04/15/2024 8:40:26 PM PDT by Fuzz
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To: Fuzz
Trump isn’t being charged for executive decisions. That is not what he is facing, nor does this lead to future presidents being charged.

That's what's being debated, isn't it?

You always reflexively take whatever the "Trump is guilty" position is, so I can understand your comment.

You say he's not being charged with executive decisions, he (and many supporters) says that the President is the embodiment of the Executive Branch and everything he does is executive decisions while in that office.

It is the only branch of Constitutional government with only one person (plus a back-up) that is defined. The President IS the executive branch with plenary power given to him by the Constitution.

Trump's detractors (I'll include you in this group), are arguing to put boundaries around what a President can do that is "presidential" and what he can do that is "personal." Presidents will say that even the personal is presidential when they are holding office.

Some (like me) would argue that separation of powers prevents oner branch from defining boundaries around the other branches that are not Constitutionally authorized. For instance, Congress can define the number of Justices on the Supreme Court; the Senate must confirm the President's nominations to lower offices; the President nominates the Justices; the Chief Justice presides over impeachment trials.

Presidents will argue that the proper boundaries for Presidential immunity for executive decisions are those set by impeachment and conviction. Persecuting a President after his term expires for actions taken during his Presidency is what is being put to the test by Presidential immunity.

One charge pertains to his January 6th rally. His detractors say that attending the rally was not exercising Presidential power, so he's not immune from actions that occur from his being there. Another charge pertains to the Presidential Records Act, saying that a President doesn't have immunity from possessing classified government documents when others have said that the simple possession by the President defines what a presidential record is, and the DoJ or the Archives Librarian don't have authority to decide what is presidential or not.

What Presidents will says is that the person and the President are one and the same and they can't flip a switch and say this is presidential but that is not.

Narrowing the Presidential immunities case to only "executive decisions" is what the whole case is about. Preventing the tit-for-tat as the parties switch power is why this ruling needs to be right for future Presidents.

-PJ

123 posted on 04/15/2024 9:02:55 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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