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With the ruling on “TRUMP Vs. United States of America” coming down yesterday I thought I’d put my two cents worth in. I’m not going to talk about all the BIG issues of giving the President “Total Immunity” for his “Official” acts as I think they are all being covered by people much better qualified to talk about them. I’m going to look at the small but troublesome issues that just might have more lasting effects.
First let us just look at a very simple question not even touched in the ruling. Does the Presidential Immunity apply to all laws and jurisdictions? If so, why and how? If not, why and how.
Now let us look at the position of an “Staffer” or “Cabinet” member while in consultation with the President is told by the President to commit an act that is clearly in violation of federal law. Does presidential immunity extend to cover the person or persons committing the act ordered by the President. If not, could the President issue a Pardon to the person(s) so ordered before they act or does He/She have to wait until after the act is committed?
Head hurting yet? Well last just take one more…Just what is an Official Act? Is it anything that the person who is President does? Most likely not as the ruling does talk about both official and unofficial acts. But I have yet to see any test in the ruling to just what makes an act Official.
We will have to wait and see just how the Court deals with this in the years to come. Because they will have to deal with it. They have just knocked over a crate of eggs and now they will have to see just how many are broken.