Tuesday, September 24, 2024

Democrats hold immunity hearing

As I explain in my testimony, my concern is that the majority’s opinion in Trump v. United States capaciously defines core constitutional powers—for which the President is absolutely immune—to extend far beyond the pardon power, the veto power, and the power to recognize foreign governments. Concluding that the investigation and prosecution of crimes is a “quintessentially executive function,” the majority holds that the former President is absolutely immune for “alleged conduct involving his discussions with Justice Department officials.” That means the President’s authority in this domain vis-à-vis the executive branch is “conclusive and preclusive”: Congress cannot act upon it, and the courts cannot review it.

[...]

Is Congress now disabled from tying the appropriation of funds to certain areas of law enforcement? From enacting legislation that governs Justice Department organization and functions? From requesting records and testimony from Department and FBI leadership?

Could the President direct the FBI to engage in unlawful surveillance of Americans? Or to target individuals or groups based on race or religion?

If the President were to bring a civil suit against the Department of Justice, as the former President has provided notice he intends to do, could he order the Department to settle the case for millions of dollars even if the suit itself were baseless?

To make matters worse, the rationale of the majority’s decision would appear to apply to all executive departments and agencies.

  Mary McCord @ Just Security
Stream the hearing here.

...but hey, do what you want...you will anyway.

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