Thursday, February 8, 2024

From the NYT: The Trump Election Immunity Ruling, Annotated

Let's try to break this argument down. 

It's a long decision, but already said to be one of he more important in U.S. judicial history, despite the fact that it is an appellate court decision, not a Supreme Court decision.

Note hat this raises a procedural issue, not a substantive one. Is a president immune from prosecution for criminal acts committed while in office that were not done as part of the official duties of the office?

Here's a link to American Oversight, one of the interest groups involved in the case. They argue that the case should be dismissed because he court lacks jurisdiction, meaning that it cannot hear the case. I think they lost that argument.

- Click here for the link


Key Terms: 

- per curiam
- Electoral Count Act
- prosecution
- imprisonment
- four count indictment
- dismissal
- district court
- criminal defendant
- executive immunity
- federal grand jury
- the Constitution's text, structure, and history
- public interest
- double jeopardy
- Impeachment Judgment Clause
- interlocutory appeal
- presidential immunity
- statutory grounds
- collateral order doctrine
- prong
- sui generis
- separation of powers
- Article 3 courts 
- Marbury v Madison
- discretionary powers
- ministerial powers
- political powers