Can Obama be prosecuted because it happened before the SCOTUS immunity ruling?
It is important to remember that legal precedent generally applies retroactively, meaning that the Supreme Court's ruling on presidential immunity, issued in July 2024, would likely apply to actions taken by former President Obama during his time in office
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However, the specific circumstances of any potential prosecution would need to be considered in light of the nuances of the Court's decision, which established a three-part framework:
- Absolute immunity for core constitutional powers: Actions considered essential to the president's role, such as pardoning or appointing ambassadors, are likely protected from criminal prosecution.
- Presumptive immunity for other official acts: Acts falling within the "outer perimeter" of official duties, like holding press conferences, are entitled to a presumption of immunity, but this can be challenged by showing that the prosecution wouldn't interfere with the executive branch's functions.
- No immunity for unofficial acts: A president can be prosecuted for actions unrelated to their official duties.
The burden would be on prosecutors to demonstrate that any alleged criminal actions by Obama do not fall within the scope of these immunity protections.