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John,
We never thought we would see this in our lifetimes, but in an unprecedented, radical decision, the Supreme Court has announced that the President is in fact above the law, with full “absolute immunity” for any and all crimes committed as part of his “official” acts.
Who would have thought the Supreme Court would agree that Donald Trump could, in fact, stand and shoot a man in Times Square and get away with it, as long as it was part of his “official” duties? Presumably, without further clarification, “official” duties could include putting down any pesky protests against any of the President’s other “official” actions, however autocratic or illegal they may be.
All of which begs the question: what acts are excluded from immunity and which are not? What are the actual guardrails and guidelines for this newly interpreted finding of “absolute” presidential immunity? Incredibly, at this point Congress must define what these limits are, before the next president has a chance to test them with every threatened extreme.
It is a rapidly unfolding tragedy of our history that Justice Sotomayor’s finding that “no man is above the law” is the dissent, and not the majority, opinion. Thanks to the Court printing Trump his own “Get Out Of Jail Free” Card, the multiple criminal cases currently in process against him may never hold him accountable, not even for his actions inciting the Insurrection on January 6.
To confront this looming constitutional crisis, we must demand that Congress take immediate action to legislate clear and specific limits on presidential immunity, and to re-establish the rule of law in our increasingly fragile democracy.
Without guidelines, a rogue president could take advantage of unlimited “official” immunity to assassinate his foes, imprison critical authors and artists indefinitely, and put down any campus protests with tanks and guns.
We call on Congress to codify the following essential limits on presidential immunity:
Exceptions: Define where “absolute” immunity would not apply, such as in cases of abuse of power, obstruction of justice, and violating Constitutional rights.
Oversight: Establish oversight mechanisms for an independent entity to investigate allegations of misconduct.
Whistleblowers: Protect those who expose or make allegations of presidential misconduct, from physical and legal harm, threat, or intimidation.
State Laws: Determine cooperation between federal and state authorities to address violations of state laws.
Demand limits on the scope of the Supreme Court’s disastrous decision granting “absolute” immunity to the president to maintain the integrity of our democracy and the rule of law by adding your name now.
Thank you for working hard to subvert autocracy and combat authoritarianism.
- Amanda
Amanda Ford, Director
Democracy for America
Advocacy Fund
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