Former New Jersey Superior Court Judge Andrew Napolitano corrected misconceptions about the Supreme Court's recent ruling on presidential immunity, countering "absurd" examples on the left stemming from Justice Sonia Sotomayor's dissent.
Napolitano joined Newsmax on Tuesday to discuss claims that President Joe Biden could now eliminate his political rivals in light of the ruling, free of sanction following the Supreme Court's decision.
The Court granted presidents immunity for official acts, which former President Donald Trump celebrated as a "big win for democracy." However, Democrats argued the ruling effectively handed Trump the "keys to a dictatorship," the Telegraph reported.
Sotomayor's dissenting opinion sparked significant controversy by positing that the ruling could grant presidents unchecked powers, including the ability to commit extreme acts without fear of prosecution. She stated, "Orders the Navy's SEAL Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune."
Napolitano criticized these interpretations as exaggerated and incorrect.
"Well, [Democrats are] extrapolating from the rather excited, even hyperbolic dissent of Justice Sonia Sotomayor, who listed a couple of extreme examples of presidential behavior, hypothetical behavior because things that have never happened in American history and suggested that under this opinion, the president couldn't be prosecuted for it," Napolitano said on "Prime News."
Napolitano emphasized that the Supreme Court did not fundamentally change the law except in specific respects. He explained that the president remains immune from prosecution for actions expressly authorized by the Constitution, such as commanding the military or nominating federal judges.
However, actions that are "truly personal" and potentially criminal are not protected under this immunity.
"The Supreme Court basically didn't change the law except in one respect," he clarified. "What is obviously authorized to the president to do in the Constitution ... he can do, and he can't be prosecuted no matter how they end up. On the other hand, that which is truly personal ... if it's somehow criminal, he can be prosecuted for it."
Napolitano further explained the new presumption established by the ruling, which treats "ambiguous actions" as official unless proven otherwise by evidence suggesting personal motives. He reiterated that extreme actions like "shooting your opponent" are not protected under any interpretation of presidential duties.
"The government can rebut that presumption if it comes forward with evidence showing that it was personal but appeared to be official," he said.
"Guess what? Shooting your opponent is not the core responsibility of the president. There is no authorization for it. And God forbid, if it ever happened, there'd be no protection for it," Napolitano asserted. He expressed hope that the "hyperbolic attitude" from Democrats would subside, emphasizing that such rhetoric is "unhealthy for democracy."
"Maybe with the heat of the summer, it [this type of rhetoric] will die down," he concluded.
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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