Hi, Shrewd!        Login  
Shrewd'm.com 
A merry & shrewd investing community
Best Of PoliticsBest OfAll BoardsThe Shrewd’m WeeklyLearn to InvestHow to Become Shrewd
Search
Shrewd'm.com Merry shrewd investors
Search
Best Of PoliticsBest OfAll BoardsThe Shrewd’m WeeklyLearn to InvestHow to Become Shrewd


The week's question
In March 2025, in the thread "Re: OT, out", Umm asked the members: "Do you think it is because America is made up of magical soil that makes businesses based in America magically profitable?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
Answer this questionContinue to Shrewd'mThis note won't appear again
Halls of Shrewd'm / US Policy
Unthreaded | Threaded | Whole Thread (49) |
Author: albaby1 ✶❂🐝 GOLD
SHREWD
  😊 😞

Number: of 86283 
Subject: Re: Joe Biden sent the orders
Date: 07/18/24 12:46 PM
Post New | Post Reply | Report Post | Recommend It!
No. of Recommendations: 4
If he gave them an order, that's (by the SCOTUS) an official part of his job. Therefore, all information surrounding that action would be subject to immunity. So you couldn't even investigate that it was a misuse of his power.

As we've discussed, none of that is necessarily true.

If Biden gives an order that he is prohibited from giving under the Constitution, it's almost certainly not an official act. An official act is an exercise of the President's constitutional power. He's prohibited by the Constitution (not just criminal law) from assassinating someone. So this can't be an official act.

Second, while information regarding an official act is subject to immunity, that only means it's not admissible in a criminal trial to prove something about that official act. It doesn't mean it's not subject to investigation, and it doesn't mean it's not reviewable as part of a determination of whether his was (or was not) official.

Finally, WRT Gitmo - the President's official actions are immune from after the fact criminal prosecution, but they're still subject to the Court's ordinary jurisdiction. If the President does something unlawful, SCOTUS (or any federal court) can still order him to stop doing it. As the Court has done to Biden several times this term. He can't be criminally prosecuted having done something that violates a Congressional statute (for example), but the Court can order him to stop doing it.

So if Biden orders Trump to Gitmo without due process, the courts can (and would) order him to release Trump immediately, either through an injunction or a writ of habeus corpus - regardless of whether immunity attached to that act.
Post New | Post Reply | Report Post | Recommend It!
Print the post
Members reply directly to albaby1 here — and replies get answered. Reading is free; so is joining the conversation. Join Shrewd'm »
This community has written 86,214 posts about US Policy. The article-length ones it recommended most:
It's going to get worse · 33 recs · 2025
G’day Donny · 30 recs · 2026
Old Related Story · 28 recs · 2026
HCR is a national treasure · 27 recs · 2025
Fascism in America · 27 recs · 2025
Unthreaded | Threaded | Whole Thread (49) |


Announcements
US Policy FAQ
Contact Shrewd'm
Contact the developer of these message boards.

Best Of Politics | Best Of | Favourites & Replies | All Boards | Followed Shrewds | Open Questions | Moving a community