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by csb6 719 days ago
If this ruling would have been in force back then, Nixon could have argued that the conversations were done in his official role as president. For example, a conversation with his chief of staff about ordering the CIA perform a coverup could be considered “official business” since he was talking to a top executive branch official and directing an executive branch agency to take an action.

The distinction between “official” and “unofficial” becomes meaningless when a president can use their official powers to do illegal things that benefit themselves in an unofficial capacity. Hence the absurd conclusion that, apparently, a president cannot be prosecuted for assassinating their opponent using Seal Team 6.

2 comments

A argument could be made for that, the counter argument would be that ordering the White House Chief of Staff to lie to investigators is a very different act to ordering the AG to investigate a purported crime. The majority opinion was pretty careful to examine the exact nature of the conversation with the AG, leaving it open that not any conversation could have been claimed as official.
> The distinction between “official” and “unofficial” becomes meaningless when a president can use their official powers to do illegal things that benefit themselves in an unofficial capacity.

Maybe, but does it follow that there's no protection for "official acts?" Go read some criminal statutes, and see what it would take for a creative red state prosecutor to pin something on Obama for ordering drone strikes killing American citizens. Or do you think Biden couldn't be charged with something in connection with his border policies?