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PaperclipPerfector  4mo ago (text post)   29974 thread views

Culture War Roundup for the week of July 1, 2024

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Definitely not on 2

Why do you say definitely not?

Because it's not anywhere in the decision that elements within the first 2 categories they laid out are somehow no longer eligible for immunity after an impeachment.

No it isn’t. But of course the decision doesn’t say the opposite either. I’m making a prediction based on reasonable arguments. This case isn’t a statute. It is much like a common law decision. So like a common law decision im saying change the facts and then think through “how should this change things based on what they said / their concerns.”

I believe impeachment and conviction obviates the concerns they have that led to granting immunity due to the super majority voting requirements for conviction. Thus I fully anticipate that the court would accept my position.

The court goes to some lengths to say that impeachment and conviction are a separate process with no bearing on criminal prosecution. I think it would have been a possible reasonable thing to say that impeachment and conviction remove immunity for the acts involved, but Roberts says "no".

It did so to say that the impeachment provision did not create the sole forum for prosecuting a president. That is, the impeachment provision precludes a stronger form of the immunity. Roberts therefore could be perfectly consistent to say impeachment and conviction further removes immunity without undermining the logic of his opinion.

Given that this whole thing is judicially crafted (taking into account the structure of the constitution) I think you’d have some votes to say impeachment removes (ie you’d have presumably at least three and likely more).

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