New York Rep. Joseph Morrell (D) has introduced a constitutional amendment seeking to undo the Supreme Court’s decision that former presidents enjoy a presumption of criminal immunity for official acts.
“Earlier this month the Supreme Court of the United States undermined not just the foundation of our constitutional government, but the foundation of our democracy,” Morelle said. “At its core, our nation relies on the principle that no American stands above another in the eyes of the law. “
Morelle’s proposed amendment would make clear that “no official may invoke immunity for criminal actions solely on the basis of the duties of their office,” the lawmaker’s office told The Hill.
“The American people expect their leaders to be held to the same standards we hold for any member of our community,” Morelle said Wednesday. “Presidents are not monarchy, they are not tyrants, and shall not be immune.
Read:
The ruling was largely condemned by Democrats, who argued that under the Constitution no one is above the law. By ruling Trump is immune from prosecution for certain actions, the Supreme Court went against the intentions of the nation’s founders, critics argued.
In a landmark decision, the Supreme Court ruled 6-3 that presidents are entitled to absolute immunity from criminal prosecution for official acts conducted while in office. However, the ruling clarifies that this immunity does not extend to unofficial acts. (RELATED: Supreme Court Releases Pivotal Presidential Immunity Decision)
The New York Times reports that the decision raises the possibility of further delays to special counsel Jack Smith’s Jan. 6 case:
Mr. Trump contended that he was entitled to absolute immunity from the charges, relying on a broad understanding of the separation of powers and a 1982 Supreme Court precedent that recognized such immunity in civil cases for actions taken by presidents within the “outer perimeter” of their official responsibilities. Lower courts rejected Mr. Trump’s claim, but the Supreme Court’s ruling may delay the case enough that Mr. Trump would be able to make it go away entirely if he prevails in November.
The ruling: The justices said that Mr. Trump is immune from prosecution for official acts taken during his presidency but that there was a crucial distinction between official and private conduct. The case returns to the lower court, which will decide whether the actions Mr. Trump took were in an official or private capacity.
The charges: The former president faces three charges of conspiracy and one count of obstructing an official proceeding, all related to his efforts to cling to the presidency after his 2020 loss. He was indicted last August by the special counsel, Jack Smith, in one of two federal criminal cases against him; the other relates to the F.B.I. raid on his private club, Mar-a-Lago, in August 2022 that recovered missing government documents.
Lower courts ruled against Trump: The trial judge, Tanya S. Chutkan of the Federal District Court in Washington, denied Mr. Trump’s immunity request in December. “Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass,” she wrote.
READ NEXT: New Impeachment Investigation Launched Into Allegations Hunter Biden Invoked Joe’s Name
This is the Insanity of the Leftist congress people!! It is clearly laid out in the Articles that the President has Imunity when carrying out any official duty!!
These Looneys just REFUSE to let up & INSIST on going after Pres. Trump any & all ways they can possibly think of !
That means we could prosecute Obama for killing Americans without due process. Careful what you wish for.
I agree. Then we can charge Obama with murder for the killing of the American in the drone strike. Plus Joe can be charged with multiple violations to include violating federal law by ignoring border laws. Yes no one is above the law. Many should serve jail time.
dems are such a joke. if they don’t like something, they always look for an end around the constitution. they are the ones that would like to see the constitution abolished in this country. do they not understand what this would mean? Obama will be charged with murder for the bombing of innocent citizens, Biden will be charged as an accessory to the deaths of every one who was killed by an illegal alien he let in, and the families of all the fentanyl deaths will be able to sue him for that. this is something that is best left alone. our constitution has survived many attacks in the past, but these rabid dog dems are out to continue the obama fundamental change he promised. the only thing to do is attack them like they attack every republican. tit for tat is all they will understand. you poke us, we poke back. may the best fighter remain standing. the soy boy dems will not be standing.
Did I read “only if your Republican?”
Of course they do . I actually prodicted they would try this!
Make= for Both sides then Dems shut up
Clarify what an unofficial act is OK vs an unofficial act.