As the case enters a new phase, experts remain skeptical that former President Donald Trump's 11th-hour effort to overturn his conviction will be successful.
Is it even possible to bring charges against a sitting or former president at all now, based on this ruling?
As of right now, “official acts” are absolutely immune from prosecution or investigation, and evidence gathered from such communications cannot be used against him in any way. And anything the President does is an official act until the Supreme Court deems otherwise. Which means that somebody has to bring a case against the President. Which means you need evidence. Which you can’t get because it’s covered by the President’s absolute immunity. And you have to have standing.
Who would have standing? The DOJ? The one with the decades-long rule of not charging a sitting president? The one that takes direct orders from the man he’s supposed to be investigating? Good luck even attempting to file charges while remaining employed after lunch. And what kind of evidence could they bring? If Trump called ST6 and ordered a hit on Dolly Parton, how can you prove that when the call to ST6 would be classified in the first place, the mere existence of the phone call cannot be used against him, and he can tell the prosecutor to go pound sand if he starts snooping around? “Your Honor, I believe that the President ordered a hit on Dolly Parton…Yes, I know the President denied that a phone call was even made, yes I know his phone records are protected by absolute immunity and he doesn’t have to acknowledge the existence of the phone call let alone what was said…No, there’s no other way I can prove this phone call even took place…”
No standing + No evidence = no case. Ironically, the only person who would even have standing to sue would be the POTUS himself if he finds that he somehow needs more power.
Here’s a question.
Is it even possible to bring charges against a sitting or former president at all now, based on this ruling?
As of right now, “official acts” are absolutely immune from prosecution or investigation, and evidence gathered from such communications cannot be used against him in any way. And anything the President does is an official act until the Supreme Court deems otherwise. Which means that somebody has to bring a case against the President. Which means you need evidence. Which you can’t get because it’s covered by the President’s absolute immunity. And you have to have standing.
Who would have standing? The DOJ? The one with the decades-long rule of not charging a sitting president? The one that takes direct orders from the man he’s supposed to be investigating? Good luck even attempting to file charges while remaining employed after lunch. And what kind of evidence could they bring? If Trump called ST6 and ordered a hit on Dolly Parton, how can you prove that when the call to ST6 would be classified in the first place, the mere existence of the phone call cannot be used against him, and he can tell the prosecutor to go pound sand if he starts snooping around? “Your Honor, I believe that the President ordered a hit on Dolly Parton…Yes, I know the President denied that a phone call was even made, yes I know his phone records are protected by absolute immunity and he doesn’t have to acknowledge the existence of the phone call let alone what was said…No, there’s no other way I can prove this phone call even took place…”
No standing + No evidence = no case. Ironically, the only person who would even have standing to sue would be the POTUS himself if he finds that he somehow needs more power.