• Zak@lemmy.world
    link
    fedilink
    arrow-up
    1
    ·
    4 months ago

    Reading Justice Barrett’s partial concurrence, which is what the footnote responds to and also included in the linked ruling addresses your concern. Justice Barrett is unambiguously talking about prosecuting the president for accepting a bribe.

    The federal bribery statute forbids any public official to seek or accept a thing of value “for or because of any official act.” 18 U. S. C. §201©. The Constitution, of course, does not authorize a President to seek or accept bribes, so the Government may prosecute him if he does so.

    • Eyeuhnluuung@lemmy.world
      link
      fedilink
      arrow-up
      1
      ·
      edit-2
      4 months ago

      Except a pardon is a core function within the president’s constitutional authority, not just an official act, thus based on the opinion entitled to absolute immunity. The footnote exchange is only referencing official acts (which are entitled to presumptive immunity) not core constitutional functions (like a pardon).

      • Zak@lemmy.world
        link
        fedilink
        arrow-up
        1
        ·
        4 months ago

        Accepting a bribe is, however not an official act. It’s the acceptance of the bribe that’s illegal, not the official act itself.