There are three dates in our nation’s history that have had an unprecedented impact on our lives as American citizens. They are the Declaration of Independence; July 4, 1776; the Japanese bombing attack on Pearl Harbor, Hawaii on Dec. 7, 1941.
And now the ruling by the U.S. Supreme Court on July 1 that essentially allows the president absolute immunity for official acts made in performance of his duties. This makes the position of president of the United States of America “above the law.” In essence, he is a king!
For over 250 years, American citizens have been living with the presumption that all persons are created equal and no one is above the law regardless of financial or political status. That has been the hallmark and cornerstone of our democracy.
Now six Supreme Court justices have ruled and altered our lives forever. The principle put forth by our founding fathers that America shall never have a king with absolute power has been changed by the simple stroke of a pen.
The interpretation of “what is an official act” by a president while he is in office is up for interpretation. According to the majority opinion of the Supreme Court justices, an official act is considered lawful until proven to be unlawful. An official act must first be defined by a lower court. This puts a lot of pressure and responsibility on the lower court judges to determine what is an official act before a president can be indicted and charged with a criminal act.
If a president is found to have committed an unofficial act by the attorney general from the Department of Justice, a lower court must agree with the definition of an unofficial act before a trial can proceed. Motive and conversations are inadmissible as evidence, thus making the prosecution’s case more difficult to prove beyond a reasonable doubt.
Our judicial system of due process of appeals. Delaying adjudication severely hampers prosecutors and the people’s right to a speedy trial. But our system of justice almost guarantees less chance of a wrongful guilty verdict, thus protecting the innocent.
In summary, the Supreme Court’s decision to redefine the term “absolute immunity” under the law has not only direct implications for the present and future presidents, but for Donald J. Trump as well.
Trump has been successful in his efforts to delay and avoid the indictment charges against him for the Jan. 6, 2021, insurrection on the Capitol, making a trial and verdict virtually impossible before the Nov. 5 election.
The Supreme Court’s ruling for “absolute immunity” for a president gives justification for Trump to simply say that he was performing an “official act” and therefore is absolved of any wrongdoing for the attack on the Capitol to stop the peaceful transition of power proceedings. Six Supreme Court justices have changed the lives of 365 million citizens forever. How sad.
John White
Midway