Tuesday, February 13, 2024

CNN: The Source With Kaitlan Collins: 'John Dean Reacts To Donald Trump Asking SCOTUS To Weigh In On Immunity Ruling'

Source:CNN- former Richard Nixon White House Counsel John Dean, talking about Defendant Don.

"Former Nixon White House counsel John Dean reacts to former President Donald Trump asking the Supreme Court to step into the dispute over whether he may claim immunity from prosecution." 

From CNN

"Nixon v. Fitzgerald, 457 U.S. 731 (1982), was a US Supreme Court case that dealt with immunity from prosecution of government officials performing discretionary functions when their actions did not violate clearly-established law. 

Arthur Ernest Fitzgerald filed a lawsuit against government officials that he had lost his position as a contractor for the US Air Force because of testimony made before Congress in 1968.[2] Among the people listed in the lawsuit was ex-President Richard Nixon, who argued that a president cannot be sued for actions taken while he is in office.[3]

The trial court and the appellate court rejected Nixon's claim of immunity. The case was then appealed to the Supreme Court. 

In a 5–4 decision, the Court ruled that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts. The Court, however, emphasized that the President is not immune from criminal charges stemming from his official or unofficial acts while he is in office.[5]

The Court noted that a grant of absolute immunity to the President would not leave him with unfettered power. It stated that there were formal and informal checks on presidential action that did not apply with equal force to other executive officials.[6]

The Court observed that the President was subjected to constant scrutiny by the press and noted that vigilant oversight by Congress would also serve to deter presidential abuses of office and to make the threat of impeachment credible. It determined that other incentives to avoid presidential misconduct existed, including the desire to earn re-election, the need to maintain prestige as an element of presidential influence, and the traditional concern for his historical stature.[7]

The decision was clarified by Clinton v. Jones, in which the Court held that a President is subject to civil suits for actions committed before he assumes the presidency." 

From Wikipedia

With all due respect to Donald Trump's Washington lawyers: they're referencing the wrong case here and it's not going to help them. The Supreme Court back in 1982 ruled that President's are immune from prosecution and civil liability, from their official acts as President. They can't be sued or prosecuted because of executive orders that they sign, treaties and trade deals that they sign, budgets that they propose, etc. 

But Donald Trump is not being prosecuted for official actions that he took as President of the United States. He's being prosecuted for alleged criminal actions that he took as candidate for reelection as President of the United States. Doing your job as President of the United States and campaigning for the presidency, are two different things. 

You can also see this post on WordPress.

1 comment:

  1. You can also see this post on WordPress:https://thenewdemocrat1975.com/2024/02/13/cnn-the-source-with-kaitlan-collins-john-dean-reacts-to-donald-trump-asking-scotus-to-weigh-in-on-immunity-ruling/

    ReplyDelete

All relevant comments about the posts you are commenting on are welcome but spam and personal comments are not.

John F. Kennedy Liberal Democrat

John F. Kennedy Liberal Democrat
Source: U.S. Senator John F. Kennedy in 1960