• As for a President’s unofficial acts, there is no immunity. Although Presidential immunity is required for official actions to ensure that the President’s decisionmaking is not distorted by the threat of future litigation stemming from those actions, that concern does not support immunity for unofficial conduct. Clinton, 520 U. S., at 694, and n. 19. The separation of powers does not bar a prosecution predicated on the President’s unofficial acts.

    • Flying Squid
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      fedilink
      96 months ago

      Right, and why do the questions “can a president officially commit election fraud” and “can a president officially incite a violent mob” and “can a president officially mishandle classified documents?” need to be determined? The answers have already been determined. They are all no.