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Gary Richter (Texas)'s avatar

I have a question about the Presidential Get Out of Jail Free card according to which a President has immunity from criminal prosecution for acts performed as part of his "official" duties. How do we determine a President's "official" duties? Article II of the Constitution tells us. Among the Article II enumerated duties is the requirement that the President "take Care that the Laws be faithfully executed." So, if a President breaks a Law, that breaking of the Law can in no way constitute an "official" duty since it is the President's "official" duty to "take Care that the Laws be faithfully executed." It seems to me that the Get Out of Jail Free Card contains the seeds of its own self-immolation: The President gets Immunity for breaking a Law that is part of his "official" duties, but Article II says that breaking a Law can never be part of his "official" duties. richtergh@gmailcom

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Robert Tetrault's avatar

Yes. And not with a bang, but a whimper. Thanks for the reference to Patrick Henry.

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