• WraithGear@lemmy.world
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      6 months ago

      Except when the terms of what an official act is not defined, the Supreme Court gets to decide, after the fact.

      • firebyte@lemmy.world
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        6 months ago

        I’ve been thinking about this a bit, I’m not sure it’s been considered and I may be going out on a random tangent…

        Isn’t this whole ‘immunity’ decision just another power grab, or rather further cementing of their power, by SCOTUS? Think about it. They’re essentially the arbiter of ‘right’ and ‘wrong’ now, as there’s no further avenue of appeal save for amending the U.S. Constitution.

        Put aside the vagueness of ‘official’ vs. ‘unofficial’ acts for a moment.

        • Trump did something definitely illegal, and Trump argues was ‘official’, like his classified records case. Immune.

        • Biden did something questionably legal yet unofficial, such as forgetfully retaining classified documents after his tenure as VP (which he immediately returned). Supreme Court decides ‘not immune’, and some idiot decides to prosecute.

        Trump might end up as a king, but the conservative majority of SCOTUS are the kingmakers and protectors.

      • gravitas_deficiency@sh.itjust.works
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        6 months ago

        Eh. Not if Biden just says “no. Fuck you. That was an official act.” And then just categorically ignore the court. Which is precisely what Trump would do if presented with a mirrored version of the situation.

      • Ensign_Crab@lemmy.world
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        6 months ago

        So he can limit the scope of what the next president can do simply by using the power he’s been given.

        • WraithGear@lemmy.world
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          6 months ago

          Nope because he can’t interpret nor create laws. Just break them. The next president is free to do as they wish.

          • Ensign_Crab@lemmy.world
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            6 months ago

            And if he breaks them, the Supreme Court will rule that the president can’t do whatever it is that Biden did. Assuming whatever Biden did doesn’t result in the court having a different makeup.