Supreme Court's Decision Threatens to Upend Donald Trump's Trial

[Gunny]

My question is: Is a criminal act "official"?

The Supreme Court wrote in its unsigned order on Wednesday that it would answer the following question: "Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

Supreme Court's Decision Threatens to Upend Donald Trump's Trial (msn.com)

[fj1200]

I think "alleged" is the operative word.

[Gunny]

I think "alleged" is the operative word.

Alleged crime? Or alleged official act? If a President cannot be charged with a crime if his actions are deemed official, how does he get charged with a crime? One argument I read is that only Congress can charge the President with a crime.

This is a can of worms. If charging Presidents with alleged crimes committed in office after they leave office becomes the norm in this nation of lawsuits?

On the other hand, the only analogy I can offer is a Marine one: An unlawful order in the Marine Corps is an unlawful order and a crime the second it is given. Better have your ducks lined up being able to prove it if you refuse to obey it, which is the correct legal thing to do.

Trying to replace electors during an election sound to me illegal from go.

[fj1200]

Alleged crime? Or alleged official act? If a President cannot be charged with a crime if his actions are deemed official, how does he get charged with a crime? One argument I read is that only Congress can charge the President with a crime.

This is a can of worms. If charging Presidents with alleged crimes committed in office after they leave office becomes the norm in this nation of lawsuits?

On the other hand, the only analogy I can offer is a Marine one: An unlawful order in the Marine Corps is an unlawful order and a crime the second it is given. Better have your ducks lined up being able to prove it if you refuse to obey it, which is the correct legal thing to do.

Trying to replace electors during an election sound to me illegal from go.

Based on "conduct alleged to involve official acts" the open question is are they official acts. I think a criminal act is not covered as we have seen court cases involving various POTi be prosecuted or prosecuted after they leave office. Is calling up the SoS in GA about recent election results a criminal act or an official act? At best it's alleged to be an official act, at worst it's criminal conspiracy if certain actions are taken.