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Reply to "The President is Above the Law"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]If you ever took a civics class you would understand that a President has immunity for official acts, not private. The burden of proof is discerning official vs private. The SC got it right. This is nothing new. The sheeple are out in full force today, [/quote] No, it is new. And it is nowhere to be found in that famous document called the Constitution. The immunity given the MAGA Justices are really similar to the King. The only difference is that the King had unlimited power even outside whatever one might consider his core authority.[/quote] Incorrect. There are various types of immunity recognized in the United States, all of which flow from the concept of sovereign immunity. Would you have judges and prosecutors brought up on criminal charges when they carry out their official acts? So when a judge or prosecutor leaves office, can a new prosecutor go after them based on obstruction of justice or similar charge? Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. It is intended to ensure that judges can make decisions free from improper influence exercised on them, contributing to the impartiality of the judiciary and the rule of law. In modern times, the main purpose of "judicial immunity [is to shield] judges from the suits of ordinary people", primarily litigants who may be dissatisfied with the outcome of a case decided by the judge. Though judges may be immune to suits, in many constitutional democracies judicial misconduct or bad personal behavior is not completely protected – total impunity is considered contrary to the rule of law. Depending on the jurisdiction, they may be criminally charged for courtroom behavior unrelated to the decision-making process (for example, by shooting someone and committing a murder). https://en.wikipedia.org/wiki/Judicial_immunity There is also the concept of prosecutorial immunity. For instance, a prosecutor cannot be sued for purposely withholding exculpatory evidence, even if that act results in a wrongful conviction. Absolute prosecutorial immunity also exists for acts closely related to the criminal process' judicial phase. However, the Supreme Court has held that prosecutors do not enjoy absolute immunity when they act as investigators by engaging in activities associated more closely with police functions. Further, the U.S. Court of Appeals for the First Circuit held in a 2019 decision that a prosecutor is not entitled to absolute prosecutorial discretion when performing purely administrative functions concerning a criminal prosecution. Additionally, the Seventh Circuit has ruled that a prosecutor is not immune from liability for fabricating evidence during pretrial investigations and then introducing that evidence at trial. https://en.wikipedia.org/wiki/Absolute_immunity#Prosecutorial_immunity[/quote]
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