> the court has left nearly no sphere in which the president can be said to be acting “unofficially.” And more importantly, the court has left virtually no vector of evidence that can be deployed against a president to prove that their acts were “unofficial.” If trying to overthrow the government is “official,” then what isn’t? And if we can’t use the evidence of what the president says or does, because communications with their advisers, other government officials, and the public is “official,” then how can we ever show that an act was taken “unofficially?”
If the people don't like a landmark case (i.e. the disagree with the interpretation), Congress can pass a new law. If a new law contradicts the court's opinion, the law takes precedence.
Maybe.[1]
[1] https://en.wikipedia.org/wiki/Unitary_executive_theory#Judic...
So, they can invent tests later, after they see how this decision affects the prosecution.
how is that not a test?
Trump murdering his business partner at a dinner because they had a fallout is pretty clearly unofficial, while Trump ordering assassination of the Tyrant of Ruritania is official, albeit probably immoral and/or dangerous to boot.
Of course the grey zone between those two poles is going to be pretty wide.
Why? The majority said In dividing official from unofficial conduct, courts may not inquire into the President’s motives. Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.[1]
[1] https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
He doesn't even have to provide such a justification because the court has said the President's motives cannot be used to decide if it was official or unofficial.
It seems a lot is assumed in that one sentence. Did he give an order that said 'Overthrow!"? If not, what, exactly, did he do? And this may be a part of the issue. Everything is a hyperbole wrapped in performative anger.
In other words, can you name an action that you deem unofficial that would qualify as 'overthrow"?
Failing to execute his office by failing to defend the Capitol
Telling the Proud Boys to stand by rather than stand down
Encouraging a vitriolic crowd to take back their country and transferring blame to Pence, who was going to be in the Capitol performing his Senate duties.
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There comes a time when we have look past the mob-boss-need-for-explicit wording schtick and recognize a space as a space.
Yeah, I.. I think you will want to find a better example than what he actually said[1]
<< Failing to execute his office by failing to defend the Capitol
So a lack of an official act is an official act? This does not fall under what I asked for, but good try.
<< Elector conspiracy
You have something there, but you want something more concrete. What was his exact step that was NOT an official act in your view.
<< Telling the Proud Boys to stand by rather than stand down
You have something there, but again not much to go after unless you want to argue actions vs words.
<< There comes a time when we have look past the mob-boss-need-for-explicit wording schtick and recognize a space as a space.
Listen, rules exist for a reason. You break those rules and you deal with consequences of that break. If Trump did not break those rules and you think those rules do not meet the current needs, then you may want to change those rules, but arguing 'well, he is guilty of something' is a little silly and, frankly, against the very foundation of this country.
The funny thing is, you clearly recognize the 'exact wording' issue as an obstacle to put him away.
[1]https://www.wsj.com/video/trump-full-speech-at-dc-rally-on-j...
