Trump has Presumptive Immunity for Pressuring then Vice President Pence, to subvert the Results of the Presidential Election in His Favor by Certifying Slates of so-called “Fake Electors” on Jan. 6, 2021, the Supreme Court Ruled Monday. Even though Only the Vice-President is In-Charge of the Process, according to the Constatution.
The determination came within the Sumpreme Court Justices’ highly anticipated Opinion on Presidential Immunity, in which they ruled that Core Presidential Powers are Immune from Criminal Prosecution.
Roberts wrote that whenever the President and Vice President are discussing Official Responsibilities, they are engaging in Official Conduct, and that Presiding over the Certification of Presidential Election results, is a Constitutional and Statutory Duty of the Vice President.
“The indictment’s allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification proceeding thus involve official conduct, and Trump is at least presumptively immune from prosecution for such conduct,” Roberts wrote. But the Vice-President continued with the Count.
However, the chief justice left Open the Question of whether Trump’s Specific Conduct remains Immune from Criminal Prosecution, leaving it for Lower Courts to decide.
“The question then becomes whether that presumption of immunity is rebutted under the circumstances,” Roberts said.
Whither a number of other Allegations is shielded by Presidential Immunity, must also be decided by the Lower Courts, including Trump’s Interactions with State Officials, Private Parties, and the General Public.
Trump is accused of attempting to use the “Power and Authority” of the Justice Department (DOJ) to “conduct sham election crime investigations.” He allegedly met with the Acting Attorney General and other Senior Officials in the DOJ and White House to Discuss the matter.
Since the Executive Branch has “exclusive authority and absolute discretion” to decide which Crimes to Investigate and Prosecute, Trump is Immune from Criminal Prosecution on those Actions.
“The President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” Roberts wrote.
Non the Lower Courtwill have to decide on each Cgarge to determine if is an Official Act.
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