this post was submitted on 02 Jul 2024
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If a POTUS is immune can they be impeached? Or maybe impeached but not removed? As typically if one is immune it means they cannot be charged. If one cannot be charged how can they be impeached/removed?
The republicans have officially made impeachment a purely political performance, just like they've treated it for decades.
POTUS is not absolutely immune from acts outside their official core duties as outlined in Article II. They can still be impeached. Impeachment is little more than a review of actions to determine an indictment. Only upon conviction may a president be removed.
Yes, under the constitution, which the Court just put the President above. If the President might be immune then anything the President did is not admissible in court now. So how does the Senate even hold a trial, let alone convict a President when they cannot enter any evidence now?
This decision is written in a bad faith way to get Trump out of being tried, and with the knowledge that Biden will not exploit it and the hope that Trump wins and becomes our new king. The "conservative" Justices can get their "gratuity" and retire living out the rest of their lives taken care of.
Impeachment proceedings are not judicial proceedings; they're political ones. Both processes use similar language because the process is similar, but they are not connected. Commission of a crime is not required for impeachment proceedings and being impeached by the House and convicted by the Senate conveys no criminal punishment.
Are you joking?
Also,
Because the legislatures power to impeach and convict isn't dependent on the judiciary.
Criminal and civil charges are a judicial branch thing. Impeachment is a legislative branch thing. The legislature does not answer to the judiciary, and the judiciary doesn't have the power to tell the legislature how or when they execute their constitutional authority. Basically the only restriction is that the need some manner of "due process", or to be basically fair.
There's the office of the president and the individual who is the president. Both are often called "the president".
In this case, it was ruled that the individual cannot be criminally charged for doing actions defined as a role of the office in the constitution: constitution says the president can veto bills, so a law saying it's criminal to do so is unconstitutional.
There are other activities listed, the "official acts" bit, that are to be presumed to be immune unless you can prove otherwise, like the president communicating with the justice department.
The ruling didn't change the ability of the office of the president to be sued or constrained, only delineated when you can legally go after the individual. "Delineated" because this has never been relevant before, so it didn't matter that we hadn't answered the question.
It's a bad ruling not because it makes the president unremovable, but because those "other official acts" are given way too much slack.