(Daily360.com) Following a Supreme Court ruling that confirmed presidents have immunity for “official acts,” Democrats are attempting to file an amendment to the constitution to reverse the SCOTUS decision. President Biden and others have come out against the SCOTUS ruling by saying that nobody should be above the rule of law.
The SCOTUS ruling states that presidents have immunity when it comes to “official acts,” but not for “unofficial acts.” President Biden said it sets a dangerous precedent and puts virtually no limits on what a president can do. He indicated that if Donald Trump gets re-elected, he would be free to do whatever he wanted.
Under the constitution a president can be impeached, followed by a trial where the president can be removed from office. Under this scenario, a criminal indictment against the former president would be possible. President Biden did not mention this aspect of the law.
Joe Morelle, a congressman from New York, said he would be introducing the constitutional amendment that would “prioritize our democracy.” Law Professor Alan Dershowitz has recently remarked that it would be clear and obvious in many cases which presidential acts were protected and which were not. He said the president killing a terrorist is protected as an official act, while Trump’s actions leading up to his recent conviction on 34 counts of falsifying business record would not be official acts.
Democrats have denounced the Supreme Court and said the president is now a king who is above the law when it comes to any actions deemed to be official acts of the president. There is speculation that the ruling will potentially impact the “hush money” verdict that found Trump guilty on 34 felony counts.
Under the immunity clause, a jury cannot consider actions that are “official acts” of the office. Trump’s attorneys can file a motion to overturn the verdict because the prosecution put forth several documents that fall within the realm of Trump’s official duties as president. The sentencing is scheduled for September 18, but may be postponed if the motion succeeds.
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