How Kamala Harris Can Upend the Supreme Court’s Horrible Immunity Ruling in One Move
54 years, 11 months ago

How Kamala Harris Can Upend the Supreme Court’s Horrible Immunity Ruling in One Move

Slate  

The Supreme Court’s presidential immunity decision is a mistake. If Congress can’t regulate a presidential power, Congress can’t make acts around that power “criminal.” This is the core of presidential immunity: the substantive limits on Congress’ power to regulate the president. No doubt, the court affirmed, there is no immunity for unofficial acts, or acts beyond the “outer perimeter of official responsibility.” But when unofficial acts are pursued through official means, and they involve core constitutional powers, then the president may not be held responsible for the exercise of that core presidential authority, and evidence from those official acts may not be demanded when prosecuting the crime. Instead, a president or candidate for president could openly pledge to waive any immunity from prosecution for any acts done to advance an unofficial objective, even if those acts included the exercise of core presidential authority. “Thank you very much,” a candidate could say, “but I waive any immunity from prosecution for any criminal acts done to promote unofficial ends, including any immunity for official acts done to promote that private crime.” So long as Congress has the power to regulate those acts, that waiver would mean that the president is not above the law.

History of this topic

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