• homura1650@lemm.ee
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    4 months ago

    Bribery: SNYDER v. UNITED STATES

    Kavanaugh writing for the majority:

    The question in this case is whether §666 also makes it a crime for state and local officials to accept gratuities—for example, gift cards, lunches, plaques, books, framed photos, or the like—that may be given as a token of appreciation after the official act. The answer is no.

    The official act was a $1.1 million contract. The “token of appreciation” was a $13,000 check. At trial it was argued that the payment was for consulting services, but presumably the jury did not believe that.

    https://www.supremecourt.gov/opinions/23pdf/23-108_8n5a.pdf

    Presidential immunity: TRUMP v. UNITED STATES

    At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in this case, however, we need not and do not decide whether that immunity must be absolute, or instead whether a presumptive immunity is sufficient

    The court takes a very broad view of core constitutional conduct

    In dividing official from unofficial conduct, courts may not inquire into the President’s motives

    Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.

    But it nevertheless contends that a jury could “consider” evidence concerning the President’s official acts “for limited and specified purposes,” and that such evidence would “be admissible to prove … " The Government’s position is untenable in light of the separation of powers principles we have outlined.

    Like everyone else, the President is subject to prosecution in his unofficial capacity. But unlike anyone else, the President is a branch of government, and the Constitution vests in him sweeping powers and duties.

    https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf