3 ms·
> qualified immunity of law enforcement or other government officials is from civil lawsuits; To a degree law enforcement officers are immunized by their offic
by kcplate 2y ago
> qualified immunity of law enforcement or other government officials is from civil lawsuits;
To a degree law enforcement officers are immunized by their official acts. Where as some of those same acts are inherently criminal if a civilian was to do them. The argument being that police need an assurance that a violent act they must undertake (that would be criminally illegal for a civilian to do) in the course of doing their duty will not be, by default, prosecuted as if they were a civilian.
I think it’s not that different an argument for the president. A good example is President Obama’s drone strike against Al-Awlaki which essentially was a pretty stark violation of the 6th Amendment. That same immunity protection applies here as well. By arguing that fighting the war on terror as an official duty of the president, the President has immunity from the criminal act of intentionally killing a US citizen as a part of that duty.
> He said in his first campaign that he could shoot someone on fifth avenue and not suffer any consequences
Obvious bluster about his popularity and not relevant. However even to do that today he would need to have the predicate of it being an official act, without that he would be liable…and from what I have seen of this court, the conservative justices do not always vote in lockstep with each other.