How the US Supreme Court ruling on former president’s immunity could affect Trump cases | DW News
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- เผยแพร่เมื่อ 10 ก.ค. 2024
- The US Supreme Court rules that Donald Trump is partially immune from prosecution. The court has decided that former presidents have 'absolute immunity' for official acts. The ruling potentially disrupts a case that alleged Trump tried to subvert the 2020 presidential election.
00:00 How the Supreme Court ruling affects legal cases against Trump
02:38 Interview with Barry McDonald, professor of law at the Pepperdine Caruso school of law in California.
08.52 Interview with Nick Akerman, a lawyer and former assistant Watergate Special Prosecutor.
#uselection #trump #supremecourt
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Putting his lieutenants in the supreme court is paying off now.
I'm 64 and have heard all my life that nobody is above the law....not even the president. Our generation celebrated when Nixon resigned but I'm still angry he was not prosecuted. Does anybody remember what his handpicked successor who pardoned him said on national television? "My fellow Americans, our long national nightmare is over. " Indeed....but who put us through that long national nightmare in the first place? Criminals can not be allowed to pardon criminals.
i feel your pain 🤣🙃
Only Obama, Biden & the Clintons are above the law, according to the media.
Lol 😂😂😂😂 you must be under the law and be good😂😂😂 🐏 gov workers - they are in the law or they are law themselves 😂😂😂😂 feel the difference 😂😂😂
and the US calls other countries BANANA REPUBLICs
I'm 64 as well, but let it go along time ago. To hold onto something that long and be angry about is so unhealthy and will cause a rooted bitterness in your life.
When the corruption is visible and you can't do anything, welcome to the new democracy 👀
not new is the same as always
It is common for Republicans to argue that the US is not a democracy. Scary times.
Oh, look, the reichstag is on fire again...
don't mind that, it was an official order and the supreme court says those are ok
No, false comparison, there's nothing in the Constitution equal to what the Weimar had for any president to take that kind of power. Constitution has articles of impeachment.
King of the United States
Yes Biden will use whatever means to stay in power including the DOJ.
Yes presidential office is modeled after king. Remember that constitution of US was written in XVIII century the century of absolute monarchy in europe. It is oldest constitution and it's still the constitution of the US.
It tries to find balance of power keep the presidential office powerfull enought to deal with dangers but not to powerfull to devolve into tyranny. It's very clever treaty of dynamics of power and I would say the most succesful constitution as it is the longest live one in the world.
The US Constitution states the separation of powers into the three branches of powers:
1. legislative
2. executive (The president)
3. judicial
It was and still is the exact opposite of the British king that the US wanted to distance itself from after winning the war of independence and creating the first modern day democracy.
The president can still be impeached for the official acts by the legislative branch with representation of the judicial branch in the form of the Supreme Court.
What the Supreme Court has decided is the lower courts cannot prosecute the president for official acts.
Please bear in mind that prosecutors and judges in the US are elected by the people in a democratic process just like politicians and therefore represent a political party.
Right now the Democrat Party is trying to use Democrat prosecutors and judges to imprison their political opponents - not only Trump but also others.
We’ve yet to se Republican prosecutors & judges doing the same, but if The Supreme Court does not end this overreach of power, the Republicans will have no choice but to do the same to Democrat politicians.
What would that do to the Union?
@@kasperchristiansen4234 no other western democracy has such power to a single person as US constitution. So it's the strongest democratic office in the world. I don't know the english system in XVIII century in details but for example in Polish lithuanian commonwealth the parliament had legislative powers and monarch had executive powers in general it was not so prcise distinction because this system evolved before even such distinction was created. In England during this time there was also strong role of parliament and limited king power. But still the king was the king.
In my view US constitution gave the president powers that are modeled after kings of the time rifined by the political philosophy of XVIII enlightment and created the strong but limited by terms and balance of power office of the US president.
Any western democracy does not allow single person so much power as US constitution so this is my analogy to the king single person power. And most executive is more or less connected and interdependent with legislative so it creats more or less this colegial bodies of government that are not single person independent of parliament as US president.
King baby
Trump isn't like most presidents. The guy is a narcissist and 100% for himself.
He’s also con artist with a long history of shady businesses. Like that whole Trump university thing.
No, not true
So was this for every president or just King Trump.
Obama would be charged with murder if not.
This is a ruling so it effects Biden and every single President you will have in the future. This is the bad part, Trump is one thing but who will be in power in 10-20 years time? Who would never had run for office but obtaining Presidential immunity would be the whole reason they are. What would a charismatic psychopath do with the strongeste military/economy on the planet if he/she were immune to prosecution for every act they did in that Office.
What is democracy's defense against an errant Supreme Court?
SCOTUS reaffirmed rights already conferred and ruled on by the court. Nothing changed.
Constitutional change.
What Nick said is exactly right, insurrection is NOT official duty act !
Whats happening to the US!
FREEDOM
@@sgt13echo You use this word, "FREEDOM." I do not think that means what you think it means.
@@winstonmoriarty1286you're probably from the EU and do not understand it. But if you ever lose it again, we will be there to regain it unless Biden (the Democrats) is (are) successful in using the DOJ to subvert his political opponents.
A very prolonged coup
@@winstonmoriarty1286 you have no idea!
The autocrats in the Middle East will feel happy with this ruling! Hahaha 😂
That first guy was extremely naive. I suppose I would want to be too if I worked all my life for justice in America and this just happened. Dude is in denial. 😮
The supreme court just delivered a 9/11 moment to America 's justice system.
The incredulous tone of the anchor mirrors every sane person in the US
Breaks your heart to see in real time a functioning democracy go down the drain. 😢
American is a republic, not a democracy.
not sure why you call us a democracy, when we are a republic. when congress is held liable for back dealings, insider trading, criminal enrichments, and corruption then you might have an argument against a president
@@b.t.3406 It is both, which you knew if you read one page on wikipedia or even a dictionary. These terms all describe the US and don't contradict each other. You can say the US is a constitutional federal liberal representative democratic republic and every part of that is true. A democratic republic IS a democracy, as it is one of the forms of state that falls under the definition of a democracy.
@@b.t.3406this the most imbecilic objection that I have ever heard.
Not so sure about functioning otherwise how could it go down?
In the past years i more or less came to the opinion that is more like a plutocracy and no matter who in the end will be in charge and how that system will be called, people who are manufacturing weapons and consumer goods will be just fine.
King Biden. ........ Take care of democracy.
Biden can do whatever!!!!
In which European democracy can the president, prime minister or chancellor be prosecuted by lower courts for official acts done while in office?
@@kasperchristiansen4234 In all of them. If the acts are, for example, corrupt or treasonous, they can all be prosecuted under the law. Maybe not during their time in office, as that specific power may lie with the parliament, depending on the country. But afterwards they definitely can be prosecuted.
Reading SCOTUS' decision, the president can now use their power for personal gain, or even against vital interests of the state, as long as they do so in their official capacity as president.
@@broccool2300 let’s take care Biden’s dementia problem (dangerous).
@@kasperchristiansen4234 trying to change the results of an election he didn’t like is not an official act of the president
Shame on the Supreme Court
Thank you for great questions and well thought out planned guests for analysis into the current situation.
With someone like Trump, we will never know when things are going to reach rock bottom.
We're in rock bottom under Biden's watch and not getting better.
Your first guest obvious did not read the entire 120 pages! The courts are now being cluttered with constant biggering about official and private acts - this is a true mess.
Send the FBI in to investigate the Supreme judges, sounds like they have been getting back handers from Trump
No
High five on declassifying documents like Jeannie from the 60s 😂
I think this the first time i see this reporter slightly flabbergasted. Not a bad look on him.
The US is important for military and economical leadership of the Wester world, but it's been a while since they've been a beakon of democracy and this decision underlines this further.
SCOTUS just affirmed a constitutional right the president already had. Nothing changed.
It's going through some pains.
But there's issues everywhere. The strange of near fascist right wing is on the rise everywhere it seems.
@@DSan-kl2yc Britain will vote labor, American is still split almost 50/50 vote will be on economy and immigration, but states like California and New York remain far left.
@DSan-kl2yc I'm not sure the right wing is on the rise everywhere - for example in the EU elections in Scandinavia they went back snd/or did worse than expected, in the UK the predictions is a move to the left, the last election in Australia put in a Labour government (ALP). Even in the EU as a whole the increase in seats on the outer right was quite small - gains in France and Italy were mostly offset by losses elsewhere.
The most consistent populist place is (bar a few small countries) the US during the period of Trump.
12:56 nice summary :D
The US has no other candidates from the billions of Homer Simpsons 😂
Some people try to bring the case of Nixon. What did Nixon do? If it was like bribery that could never be part of presidential duties.
Nixon did claim immunity and lost that particular case, but won a later case related to a civil matter. History is forgotten. We never saw him charged because Ford pardoned him.
Real life game of thrones
We, Americans, are done.
Nothing changed, if you ARE an American you should know that. No president has absolute power, cannot commit a criminal act of a private nature while in office and can face articles of impeachment.
Yes you are 😔
Maybe we should be
Criticism of Biden is easy, but where are the realistic better candidates to run against Trump?
Without that answered FIRST, calls for Biden to withdrawal are calls for voters to let Trump win. 🤯 🚩
The 2nd half of this video is the most sensible explanation I've heard thus far
We have been watching fall of an empire slowly...........
Foolish
Do you think that guy's green screen is a picture of his study, or a generic picture of a study?
it's a background. you can see the quality of the edges of his face vs the background are very different in quality
Does it really matter ?
If you were going on national television, would you want people to see your room?
It's real. He lives in Westlake Village in California. I used to live nearby. It's one of the most expensive neighborhoods in the USA. Only rich people live there.
@@artiefakt4402 Yes. If it is a picture of someone else's study, that means he picked a background of with pictures of other people's family, which is weird.. This would make him untrustworthy.
what a sad judge she needs replaced
These a series of events that appeared on US has certified that the hostile environment around a series problem including ethnic and religious and immigration are start to breakout the constraint of the law.
Weird translation, sorry, but this is not 1933 Germany in America, doesn't work that way here.
Scary time for the Republic.
Soon to be former Republic. Kingdom is coming 😔
If you trust what a lawyer said your doing good.
But that won't affect "the Big Guy" and his shell companies will it???
How is campaigning a presidential duty?
Until sworn in after the transfer of power by taking the presidential oath can you be considered a president not before
What on earth is the first guy on about?????
Will this allow Bidden to disband the supreme court and appoint a new supreme court with a real code of ethics??? If elected, Trump would do it. Absolute immunity.
You really need to learn how to think, if this is how Democrats/Liberals understand the world, no wonder our country is to screwed up. Have you noticed that DW hasn’t given you what the other Justices opinions are, and why they decided that way? Ask yourself why they are only giving you one side of the story.
yes. If he tried to do it by normal means he'd likely face blockages, but if he just overrode everything and ordered the arrest of the judges, then he could replace them and call it an official act because clearly the Supreme Court is now a hostile entity enforcing minority beliefs onto the whole country, and it's the within the President's duties to protect the people , isn't it? Biden won't do it, but you're right, Trump will if needs to.
Obviously you haven't read the actual decision. The separation of powers is the same as it was yesterday. Immunity is not absolute.
The SCOTUS is above Congress and the president. These are justices who were appointed by a president and approved by the Senate so most of both parties had to approve them.
@@jager6863thank you.
Did the Supreme Court define "Official and Unofficial Acts"?
If they hadn't done, the ruling is them incomplete and invalid.
They left it up to the lower courts… aka judge shopping until you find someone who rules on your favour 🫣
They passed this decision, on case per case basis, to lower courts. So any such procedures will take years to be resolved.
I have got the idea that the Supreme Court is just 'passing the buck' They didn't want to make a ruling for obvious reasons. A US president should not be allowed to appoint these justices.
America is done.
Not, until bringing thr world into a spiral of wars, with its crimes, and calamities
Yes with biden in power it is
Hey Igor! How's Moscow this time of year?
@EnnoMaffen Please excuse me kindly for caring about my country. Thank you for bestowing your genius intellect on all of us.
This can be undone in the future
Maaaate, things change.
In the Land Down Under, our wise High Court judges pulled Native Title out of their collective backsides in 1992. And yes, that’s the law now!
uhhh, use those powers then while you can biden
Only in the US ...and banana republics.
I just wish we didn't have to see their news in America.Because there's such a s*** show.It's like the crappiest t v show ever
Is Joe Biden's position similar to that of Paul von Hindenburg's in 1932?
No, the US is not structured legally like the Weimar. That's false.
King Biden can send in seal team 6 to the Supreme Court to test the new ruling.
that would be a criminal of a private citizen, he'd be charged and found guilty.
All hail United Reich of America
Banana republic
Why did both guests come from the same viewpoint? You're supposed to have guests from both sides of this issue so that we the viewers can decide ourselves? Seems like DW is pushing a narrative with this coverage.
That's not how anything works. That's not how it's "suppose" to work, that's not how it works.
You don't get two versions of the truth to choose from. Which truth is more convenient for you so you can run away from whichever.
You get information, from people that are suppose to be knowledgeable and can explain.
I think the supreme court better interpret the constitution than any other individual or body. Law is not opinion. Obviously, presidential duties require absolute immunity.
"Obviously, presidential duties require absolute immunity." you are saying just like Nixon did "When the president does it, that means it is not illegal". The court and the people didn't agree with that back then, how far has the US fallen.
@@brucel7430 SCOTUS didn't change the Nixon decision. He lost that case, but won another:
Nixon v. Fitzgerald :: 457 U.S. 731 (1982)
US Supreme Court
Nixon v. Fitzgerald: The President has absolute immunity from liability for civil damages arising from any official action taken while in office.
@@nuqwestr Nixon v. Fitzgerald was narrower. The last court just said official acts cannot be considered at all as evidence in a potential trial. so, Trump's ordering of DOJ to help him overturn the election was covered with absolute immunity.
@@brucel7430 Yes, thank you. However, that can still be challenged at a later date. But you assume Trump ordered the DOJ to help him overturn the election. If that were true, it would not be covered as an official act, it would be criminal and private.
SCOTUS is an equal branch and can challenge "official acts" of a president. we have checks and balances.
Apparently it's not against the law to perform a certain salute in america. Learn to defend yourself Europe. How america got great both times. Have fun.
How naieve this guy is.
How dare you call one of our MSM indoctrinators "naive"... Come on, man!!! The guy is absolutely brilliant🙃
@@ScanCruiseryeah, watch cpan or fox
I am sure God will take care of everything and the forces that want to keep America together will be victorious.
The highest court in the land has always been partisan. During the 90s and early 2000s, the court was pretty left wing. How come nobody called it "corrupt" then?
They tried to stop him by any means but as their charges were based on nothing they got defeated,
No,the SCOTUS is a branch office of the fascist MAGA, that's why we have these results now.
No
Trying to coup de etat the US is nothing?
Ask your master Putin (who probably pays your salary) how he would like it if someone tries to depose him from power.
@@jewiesnew3786those would be the charges, and they were based on nothing
Why is it impossible for European media to find interviewees that present the opposing point of view? This interpretation is extreme and doesn't factor in the potential to use the prosecution to get rid of political opponents.
The US Constitution states the separation of powers into the three branches of powers:
1. legislative
2. executive (The president)
3. judicial
It was and still is the exact opposite of the British king that the US wanted to distance itself from after winning the war of independence and creating the first modern day democracy.
The president can still be impeached for the official acts by the legislative branch with representation of the judicial branch in the form of the Supreme Court.
What the Supreme Court has decided is the lower courts cannot prosecute the president for official acts.
Please bear in mind that prosecutors and judges in the US are elected by the people in a democratic process just like politicians and therefore represent a political party.
Right now the Democrat Party is trying to use Democrat prosecutors and judges to imprison their political opponents - not only Trump but also others.
We’ve yet to se Republican prosecutors & judges doing the same, but if The Supreme Court does not end this overreach of power, the Republicans will have no choice but to do the same to Democrat politicians.
What would that do to the Union?
Correction: The prosecutors and judges concerned with the rule of law are trying to hold accountable people who are flagrantly breaking the law.
You are welcome.
Don't know if anybody will read or listen to your totally sane analysis but thank you. If the Democrats had not created law-fare, then this Supreme Court decision would never have been necessary. Even Congress is above the "insider trading" laws. It's against the law to detain any ,Congressman or Senator on their way to a vote in the House and Senate. Soldiers are immune ( For the most part) from being tried for murder once they get home. Even the police have a certain amount of qualified immunity in the performance of their jobs.
No Federal Court Judge (Including the supreme court) are elected.
And forget about Joe putting pressure and try to imprison Trump, the SCOTUS ruling now is based on whatever President (JOE INCLDUED) do with his executive privilege are immune to prosecution on lower court, and the only remedy is the 25th amendment and an impeachment process, first it would have to be after the deed has done, second, you will need supermajority on senate.
Now consider this, ordering of federal agency is within the purview of the US President (ie it is his/her Executive Power) right now, if Biden order the Secret Service (a federal agency) to stand down on all ex- President. Then federalise Florida Air National Guard and direct a F-16 to drop a JDAM on Mar-a-Lago, or maybe direct the CIA to assassinate certain someone, which is also within the President executive power. These are NO LONGER prosecuted by the lower court. He can literally killed Trump without any repercussion unless he was impeached by the Senate, which Dem currently hold majority. Is this what you want to see?
A final try, a final push to defeat him!
The underdog gonna come up on top.
You will see!
King Trump LETS GOOOOOO 🇺🇸
And fjb and the camel 🐫 2 😅😅😅
Unfortunately for Joe, nobody’s listening. Today he’s with us, tomorrow he’s off with the fairies.
well, how about Joe uses his presidential power to, I don't know, say withdraw Secret Service protection to ex-President? and I don't know, direct the CIA or Florida Air National Guard to drop a 500 pounder or Hellfire missile on one of those drones on a little place call Mar-a-Lago when certain someone was residing in there? Well, you can't do nothing on Joe now that SCOTUS say you can't prosecute him if he is performing his executive duty......
This don't just apply to Trump, it applies to EVERY US PRESIDENT, you know?
ОТ КАКВО СА ПРИТЕСНЕНИ
МОРСКИ СИЛИ СА ВАКСИНИРАНИ СРЕЩУ
ЗЛОУПОТРЕБИ
TRUMP 2024 🇺🇸🇺🇸🇺🇸
Are you Putin or Xi?
@@krakken-you making a list of Biden buddies?
Read a history book
Trump 2024
😂 take that liberal nerds
You won't be saying that when Biden arrests Trump and his supporters for treason. The Supreme Court just threw down the gauntlet because they think Biden won't do anything and we'll just have an election that will land Trump back in the Oval Office. That's not going to happen. Things are about to get real in this country before the end of the year.
Careful what you wish for..
Indict the president on bull charges for political reasons and then the Supreme Court lets him go on bull reasons for political reasons. OOF, sounds like karma, baby!
You view is extremely naive. First of all, the NY Charges, that was already decided, will not be covered in this at all. In fact, you can argue the GA state charge would not too, because that is not official Presidential Duty (the NY case happened BEFORE he was president) So it would not have been affected.
Second, this does not just apply to Trump, this applies to EVERY US PRESIDENT. As the law professor said. Now do tell me what stop Biden from withdrawing Secret Service protection for all former US President and then direct the CIA to assassinate Trump. Both are official duty as both were within his executive power, he probably will never be able to run again but Trump will be dead. How about future President that can basically abuse Presidential Power and get away with that because of this US Supreme Court judgement??
So you don't want Trump to be indicted but you want him to be killed by his political rivial? Is that what you were saying.
Oh the weeping & gnashing of teeth among the Wokestanians.
Jesus loves Trump.
Religion is BS
Jesus died 2000 years ago if he ever existed. So he could never have met Trump, let alone love him... 😂
Where is the difference to a god state like Iran or Afghanistan? There is non any more if Trump wins.
this is genuinely awful news for the world.
What to explain? A felon convicted is s free man. After a rebellion where people die.