(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . The SCOTUS ruling sucks, but there are still limits. All is not lost. [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-07-01 So the ruling was partially a win for Trump. He now has, as he asked for “absolute immunity” for what are deemed “official acts.” But all is not lost here. But that is not as doom and gloom as one would think. While IANAL, I am a long time government employee. This means — I am more than aware that I personally have no “absolute immunity” for anything I do. Again, while IANAL, I am more than aware the UCMJ allows our soldiers, sailors and Marines to disobey unlawful orders. Finally, again while IANAL, the “presumption of innocence” noted by Roberts means that anything done by a president is still subject to the courts determining if it was, in fact, an immune “official” act or a “personal” act. Campaigning and electoral politicking has traditionally always been considered “personal” and not an “official” act (though the Hatch Act specifically has a carve out for the president and vice-president), so Smith still has arguments to be made there that actions he took as a candidate are not “official” acts that could stick. What does this all mean? For starters, while a president may be immune for doing something illegal if it is an “official act”, nobody that works for him is — civilian and military alike. They could still face consequences if they took action on such acts. For example, if I am ordered to do something illegal by my boss, his boss, or even the governor — an “official act” on my part — doesn’t matter. I can still be tried for that if I do it. This is partially why civil service protections exist for rank and file employees — so we can say “No” when we have to. So that means that anyone surrounding a president still faces the possibility of criminal consequences for taking illegal actions, even if they are “official.” This is cold comfort obviously as a crazy president like Trump obviously would likely not allow his Justice Department to go after those folks just doing their illegal bidding. But subsequent administrations could. Perhaps — just perhaps — that will be enough of a deterrent for the underlings to still say “no”, making the worst possible actions difficult to actually undertake. In addition, maybe not for Trump because he is batshit crazy, but the question of what is or is not an “official act” will likely restrain non-batshit presidents from their worst impulses. Again, this is a bit of cold comfort right now because of Trumps batshit crazy nature. Trump is going to scream that this is an absolute win because that’s what Trump does. Any minor win is a “huge” win to him. SCOTUS outright rejected some of his arguments. At best the ruling is a mixed bag for him which buys him time and delays his trial further. At the same time, the ruling may scare the living shit out of on the fence voters that do not trust Trump and/or think he’s crazy and force them to actually turn out in November. Don’t get me wrong — this ruling sucks, and goes completely against the idea that we were formed as a nation of laws and that we don’t have a king, so even the president is not immune to those laws (so much for the “Originalists” like Thomas and Alito looking at history, right?). But it’s just another salvo in the barrage of shit from the right. Jack Smith has work to do, no doubt. But let’s not run around with our hair on fire screaming that Trump is totally immune, because he isn’t. Don’t concede that narrative, because it’s false. In addition, being just how out of norm this ruling is, it is perhaps another step in getting the public to understand this court is just garbage and the court needs significant reforms. I mean they just effectively ruled any president could take a bribe to take any “official” action — and face no consequences. Who the hell thinks that’s right? While the far right would apply such a rule selectively as they always do (meaning Trump did or will do no wrong, but ”Prosecute Biden for alleged — and as we all know, utterly fictional — Ukraine bribes!”), most normal people still know right from wrong. This ruling alone was the court cutting off its nose to spite it’s own face if it wants to be seen as legitimate and not corrupt. Don’t despair. Fight. Temu Hitler has not been re-elected yet, and he still faces justice in both New York and Georgia, cases which are hopefully well out of reach of this corrupt court. In addition, Smiths cases are not dead. He just has a higher bar to clear. 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