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March 8, 2024MARTUCCI LAW – BEST LEGAL SERVICES NOMINEE
September 5, 2024Not even a King . . . but sometimes a President
The laws of the United States of America trace back to medieval England and the Magna Carta, which stood for the principal that no man is above the law, not even a King. If the King violated the law, barons had authority to seize the King’s properties by military force, or “distrain” him until he complies.
“No man is above the law” is a concept we all learned as children and remains true for 333 million Americans. The one exception, sometimes, is the President. The United States Supreme Court recently decided a case, Trump v. United States, in which former President Donald J. Trump was indicted for allegedly conspiring to overturn the November 2020 election results, in favor of President Joe Biden, by spreading knowingly false claims of election fraud in addition to other criminal acts. Trump sought dismissal of the indictment, claiming absolute immunity from criminal prosecution for actions performed within the outer perimeter of his official responsibilities.
A majority of the Supreme Court agreed, holding that a former President has absolute immunity from criminal prosecution for actions within his constitutional authority, and presumptive immunity from prosecution for all official acts. However, there is no immunity for unofficial acts. This case was then sent back to the lower court to decide what acts were “official” and what acts were “unofficial.”
Justice Sotomayor wrote an impassioned dissent, noting that “The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. . . The President is now a king above the law.”
If you are concerned about who the President is, invested with all of this unchecked power and immunity, or who is sitting on the Supreme Court, allowing him or her to do so, you must VOTE.