• @dhork
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    15 months ago

    “Outer perimeter of official responsibility”? WTF is that? How is that enforceable?

    Remember when there was that standoff between Texas and the Feds along the border? There was a lot of bloviating about how it was an invasion force, and that Biden was somehow using it to orchestrate an overthrow of the US Government. Of course, the truth was nothing of the sort. Biden, as President, and the Homeland Security department under him, has a lot of leeway in terms of how they execute laws, but Congress still makes the laws, and Republicans in Congress have deliberately let the situation at the border fester to score political points.

    However, if this Supreme Court ruling had gone fully the other way, and the President was ruled to have no particular immunity whatsoever, it would only be a matter of time before some local prosecutor in Texas would decide to prosecute Biden for insurrection, as retribution for Trump’s current situation. Even though there are no facts that actually back up a case against Biden, while we all saw what happened on Jan 6th.

    So, the idea that Presidents can’t be prosecuted for simply doing their jobs has some merit. But the Supreme Court went way too far constructing way too high a burden for prosecutors who need to investigate crimes committed by the President outside that perimeter. Under this guidance, the President could direct the Secretary of State to include a discussion of building a golf course in treaty negotiations, and even if that is found out, prosecutors can’t call the Secretary to testify or use that evidence in court in a bribery investigation