Tipsheet

Biden Is Trying to Cash in After His Attack on the Supreme Court

Katie Pavlich
Katie Pavlich  |  July 02, 2024 10:00 AM

After launching an unprecedented attack on the Supreme Court from the halls of the White House Monday night, President Joe Biden is fundraising off of making the bench a political target. 

"Today's decision by the Supreme Court removes virtually all limits on what the president can do. It's a dangerous precedent. I know I will respect the limits of the presidential powers, but any president -- including Donald Trump -- will now be free to ignore the law," a Biden campaign email declares. 

"I concur with Justice Sotomayor's dissent today. She said: 'In every use of official power, the President is now a king above the law...with fear for our democracy, I dissent. 'So should the American people dissent? I dissent. I'm asking you to help save the America we know: An America in which presidents tell the truth, uphold the law, defend democracy, and protect our fundamental freedoms. Rush a $25 contribution for the sake of our country," the funding request continues. 

But there's just one big problem. The Supreme Court ruling granting presidents immunity for official acts specifically states that presidents are not above the law and that not all actions they take are official. 

“It is these enduring principles that guide our decision in this case. The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party," Chief Justice John Roberts wrote in the 6-3 opinion. 

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"Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts. This case is the first criminal prosecution in our Nation’s history of a former President for actions taken during his Presidency. Determining whether and under what circumstances such a prosecution may proceed requires careful assessment of the scope of Presidential power under the Constitution. The nature of that power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office," the opinion continues. "At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is entitled to at least presumptive immunity."

Meanwhile, Democrats and their friends in the media are melting down over the decision -- with some musing about assassinations and vowing an impeachment of the Supreme Court.