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Notes -
Isn’t that perverse?
Anti-corruption laws add penalties because merely losing trust doesn’t outweigh the benefits of abusing an office. The Presidency is more powerful than any other office. Why should the penalties for abusing it be more limited?
I’ve got nothing against requiring impeachment as a hedge against misguided or malicious prosecution. The Court is correct to defend the President from such chilling effects. But getting impeached and convicted ought to strip those protections.
I would guess the Roberts court went as far as it did because they have in front of them what they see as a misguided and malicious prosecution. Presidents who abuse their office for personal benefit have not historically been considered a problem (they may have done it, but they haven't been prosecuted for it), and a President literally calling for armed revolution in the State of the Union address likely wasn't even on the radar.
But as for impeachment, I think the majority of the court considers impeachment to be a political process and wants a nice solid separation between it and judicial processes. Thus, they rule that impeachment simply has no bearing on immunity. Ruling that impeachment and conviction would strip immunity for the acts impeached for would break down that separation, and furthermore would have no bearing on the case in front of them (since Trump was not convicted)
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