Trump has a decent chance of getting absolute immunity

[Dan the Roman]

This thread has degenerated into fury over an absurd hypothetical.

1. Not one member of the court will rule for absolute immunity

2. Everyone agrees the President has extensive sovereign immunity that is almost total in the civil field.

3. Whether this civil immunity extends beyond official functions is often motivated by partisan hackery but not Republican hackery. Bill Clinton spent years arguing that he was immune from civil lawsuits based upon harassment and sexual assault he engaged in before becoming President due to holding the office, and Larry Tribe, who is the leading voice denouncing the court today, helped run his effort.

#2 is not clearly specified in the Constitution, but is rather an inference from common law, and relates to the fact that a President must be able to exercise the duties of office. Therefore the assumption, which it is likely no member of the court will reject, is that the extent of immunity is the degree necessary for an individual to carry out the duties of the President in office. I also expect every member of the court to agree that a degree requires not just protection while an individual is President, but a degree of continued immunity after they leave office so as to prevent second-guessing.

Bill Clinton should not be civilly, much less criminally liable for Waco.