Comments by "nuqwestr" (@nuqwestr) on "How the US Supreme Court ruling on former president’s immunity could affect Trump cases | DW News" video.
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@aconcernedworldcitizen236
"In dividing official from unofficial conduct, courts may not inquire
into the President’s motives. Such a “highly intrusive” inquiry would
risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose. Fitzgerald, 457 U. S., at 756. Nor may courts deem an action unofficial
merely because it allegedly violates a generally applicable law. Otherwise, Presidents would be subject to trial on “every allegation that
an action was unlawful,” depriving immunity of its intended effect. " Trump v US
Again, this protects the office, not the person holding the office, who will still be liable for "official actions" if evidence show a criminal or unconstitutional act, but holds the president immune for shear allegation of motive without evidence. The president, like all citizens, have the constitutional right to be presumed innocent.
The lower court is now forced to show that evidence, not just a mere "thought crime". Jack Smith will not be able to do that.
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