• Eyeuhnluuung@lemmy.world
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    4 months ago

    I have a different take and I think the Chief Justice is being intentionally vague here. He references a bribery prosecution but never specifically mentions in the footnote whether he is referring to the issuance of a pardon, which is a core function, and thus entitled to absolute immunity based on the rest of the opinion. It’s also not clear whether he is referring to a prosecution of the briber or the person being bribed.

    • Zak@lemmy.world
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      4 months ago

      Reading Justice Barrett’s partial concurrence, which is what the footnote responds to and also included in the linked ruling addresses your concern. Justice Barrett is unambiguously talking about prosecuting the president for accepting a bribe.

      The federal bribery statute forbids any public official to seek or accept a thing of value “for or because of any official act.” 18 U. S. C. §201©. The Constitution, of course, does not authorize a President to seek or accept bribes, so the Government may prosecute him if he does so.

      • Eyeuhnluuung@lemmy.world
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        4 months ago

        Except a pardon is a core function within the president’s constitutional authority, not just an official act, thus based on the opinion entitled to absolute immunity. The footnote exchange is only referencing official acts (which are entitled to presumptive immunity) not core constitutional functions (like a pardon).

        • Zak@lemmy.world
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          4 months ago

          Accepting a bribe is, however not an official act. It’s the acceptance of the bribe that’s illegal, not the official act itself.