> Meanwhile the majority’s argument is “lack of immunity (which has, so far, not existed!!!) would make the president too timid, so we’re adding immunity”.
It has existed, it just hasn't been tested. The supreme court didn't "grant" immunity, they interpreted the Constitution to come to the conclusion that immunity already exists.
And the reason that it's happening now is because no political party has been willing to escalate political differences with presidential candidates to the point of criminal charges before.
That's changed recently, hence the need for the ruling.
Prosecuting attempts to overturn an election isn’t prosecution over “political differences”.
> they interpreted the Constitution to come to the conclusion that immunity already exists.
The constitution saying nothing about immunity except that it is not conferred to someone who has been impeached, no, they did not interpret the constitution.
[edit] specifically, it’s this bit:
> Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
That is: impeachment can’t impose punishments aside from removal & disqualification, but that ought not be taken to mean that further prosecution for the same acts may not be undertaken. That’s all it says on the matter. They relied on the Federalists stating in the Federalist Papers and elsewhere that they wanted a fairly active President to conclude the President needs immunity. Meanwhile the Federalists also wrote that the President ought not be above the law, as that’s what separates our system from monarchy, but that’s inconvenient so you have to keep reading to the dissent to see that presented.
It has existed, it just hasn't been tested. The supreme court didn't "grant" immunity, they interpreted the Constitution to come to the conclusion that immunity already exists.
And the reason that it's happening now is because no political party has been willing to escalate political differences with presidential candidates to the point of criminal charges before.
That's changed recently, hence the need for the ruling.