Acts that are unconstitutional probably aren't official, by definition they are outside the scope of official duties, throw every living president into prison?
Charge every act of violence ordered in places war is undeclared as war crimes?
If not, the things they have on Trump seem like really small potatoes to zero in on.
> Acts that are unconstitutional probably aren't official, by definition they are outside the scope of official duties, throw every living president into prison?
You could make a very good case that drone strikes on American citizens in foreign lands that are a part of jihadist groups without due process are unconstitutional. And yet, it happens. According to the standard Roberts puts in place, things that are on the extreme periphery of the duties of the Presidency are exempt from criminal prosecution. Does this mean drone strikes? Almost certainly. The President has an enumerated power to command the armed forces.
I fail to see why throwing all of the living Presidents in prison is a problem, particularly if they receive a day in court before getting thrown in prison. What this ruling does is create a class of American that can do some genuinely awful things and not be subject to legal process at all. There is no process, due or otherwise. The person gets to live their life as before.
Trump's being tried because the things he did weren't small potatoes. Trying to overthrow the electoral process unilaterally is a state fair record-setting potato. It's a far more immediate and widespread risk to American life and liberty than the drone strikes on foreign land that I mentioned earlier. One impacts a few dozen Americans globally at most; the other impacts literally all of them.
> things that are on the extreme periphery of the duties of the Presidency are exempt from criminal prosecution
This is wrong, and your ability to make an argument suggests you know it is. And the most extreme acts being mentioned as risks are the exact ones where "presumptive" matters.
> This is wrong, and your ability to make an argument suggests you know it is.
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> And the most extreme acts being mentioned as risks are the exact ones where "presumptive" matters.
Are they? Can you count on humans to not abuse power? I don't trust the SCOTUS to provide a real counterweight. These are the same people who knew that 12-year-olds would be giving birth with the overturn of Roe v. Wade, and did it anyways. The same institution that ignored votes in 2000 and appointed a President. The same institution who had no power to stop Andrew Jackson from committing genocidal acts against the Cherokee. Either ineffective or complicit in severe violations of constitutional rights.
Roe v Wade was an easy overturn from a legal perspective. Pro choice folks with half a brain knew it stood on nonsense. Obama said in 2007 he wanted to codify it because he knew it was standing on shaky logic.
Charge every act of violence ordered in places war is undeclared as war crimes?
If not, the things they have on Trump seem like really small potatoes to zero in on.