HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Rachel is really slamming... » Reply #55

Response to jcgoldie (Reply #42)

Tue Jun 8, 2021, 11:46 PM

55. Actually it isn't. It's an argument that the president was acting

within the scope of his presidency when he said what he said, not that it was OK to say it. If he was acting in that capacity the government is obligated to raise a defense on his behalf and substitute itself as the defendant. The catch, of course, is that the government can't be sued for defamation, so the government would be off the hook for damages. in Clinton v. Jones, the Supreme Court case held that a sitting president of the United States is not immune from litigation for acts done before taking office and unrelated to the office, but this is a case involving an act done while the president was in office. So they have to rely on Nixon v. Fitzgerald, which held that a president is absolutely immune from litigation for discretionary acts done while in office. The decision is very broad, and although it doesn't define exactly which activities Fitzgerald covers, the case is generally interpreted to mean that as long the action is within the broadest understanding of the president's function as president, he's immune. The reason the appeal is being taken by the current DoJ is not to protect Trump but to determine, by an appellate court, where that line is. The notion that a president can make allegedly libelous statements regarding a situation not related to his function as president is a huge stretch and it will probably fail, as it should. But it is in no regard inappropriate for the DoJ to want to get an answer to the question for the sake of future administrations.

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 114 replies Author Time Post
JohnSJ Jun 2021 OP
NewHendoLib Jun 2021 #1
Sneederbunk Jun 2021 #3
StarfishSaver Jun 2021 #2
MerryHolidays Jun 2021 #4
SheltieLover Jun 2021 #7
sheshe2 Jun 2021 #15
StarfishSaver Jun 2021 #19
SheltieLover Jun 2021 #24
SheltieLover Jun 2021 #41
sheshe2 Jun 2021 #45
SleeplessinSoCal Jun 2021 #76
ecstatic Jun 2021 #89
sheshe2 Jun 2021 #105
MerryHolidays Jun 2021 #104
KPN Jun 2021 #67
JohnSJ Jun 2021 #10
H2O Man Jun 2021 #12
sheshe2 Jun 2021 #23
H2O Man Jun 2021 #31
cilla4progress Jun 2021 #65
Bluepinky Jun 2021 #70
triron Jun 2021 #93
DiamondShark Jun 2021 #112
orleans Jun 2021 #74
triron Jun 2021 #98
DiamondShark Jun 2021 #111
H2O Man Jun 2021 #96
Cha Jun 2021 #43
TheRealNorth Jun 2021 #44
StarfishSaver Jun 2021 #49
OnDoutside Jun 2021 #79
StarfishSaver Jun 2021 #81
OnDoutside Jun 2021 #85
StarfishSaver Jun 2021 #86
OnDoutside Jun 2021 #101
triron Jun 2021 #94
StarfishSaver Jun 2021 #95
USALiberal Jun 2021 #87
StarfishSaver Jun 2021 #88
PufPuf23 Jun 2021 #102
StarfishSaver Jun 2021 #103
Ocelot II Jun 2021 #5
leftieNanner Jun 2021 #13
elleng Jun 2021 #20
OnDoutside Jun 2021 #80
Ferrets are Cool Jun 2021 #6
sheshe2 Jun 2021 #8
Hoyt Jun 2021 #16
JohnSJ Jun 2021 #21
PortTack Jun 2021 #77
ChrisF1961 Jun 2021 #82
RainCaster Jun 2021 #9
uponit7771 Jun 2021 #11
H2O Man Jun 2021 #14
Hoyt Jun 2021 #18
H2O Man Jun 2021 #22
uponit7771 Jun 2021 #27
StarfishSaver Jun 2021 #30
sheshe2 Jun 2021 #32
H2O Man Jun 2021 #35
StarfishSaver Jun 2021 #38
StarfishSaver Jun 2021 #37
Crunchy Frog Jun 2021 #46
Dark n Stormy Knight Jun 2021 #99
LineLineLineLineLineLineLineNew Reply ?
H2O Man Jun 2021 #114
brooklynite Jun 2021 #17
JohnSJ Jun 2021 #26
StarfishSaver Jun 2021 #33
JohnSJ Jun 2021 #39
Hugh_Lebowski Jun 2021 #25
StarfishSaver Jun 2021 #29
jcgoldie Jun 2021 #36
StarfishSaver Jun 2021 #40
jcgoldie Jun 2021 #42
StarfishSaver Jun 2021 #47
jcgoldie Jun 2021 #50
StarfishSaver Jun 2021 #51
jcgoldie Jun 2021 #54
StarfishSaver Jun 2021 #56
TheRealNorth Jun 2021 #48
LineLineLineLineLineLineReply Actually it isn't. It's an argument that the president was acting
Ocelot II Jun 2021 #55
jcgoldie Jun 2021 #60
StarfishSaver Jun 2021 #84
budkin Jun 2021 #28
JohnSJ Jun 2021 #34
bottomofthehill Jun 2021 #72
Bluepinky Jun 2021 #73
budkin Jun 2021 #75
sheshe2 Jun 2021 #107
triron Jun 2021 #110
LizBeth Jun 2021 #92
Justice matters. Jun 2021 #52
StarfishSaver Jun 2021 #57
Justice matters. Jun 2021 #58
StarfishSaver Jun 2021 #63
Justice matters. Jun 2021 #64
StarfishSaver Jun 2021 #66
Justice matters. Jun 2021 #68
StarfishSaver Jun 2021 #69
vapor2 Jun 2021 #53
jg10003 Jun 2021 #59
jcgoldie Jun 2021 #61
Justice matters. Jun 2021 #62
KPN Jun 2021 #71
Rhiannon12866 Jun 2021 #78
JohnSJ Jun 2021 #83
UCmeNdc Jun 2021 #90
treestar Jun 2021 #91
Elessar Zappa Jun 2021 #97
budkin Jun 2021 #100
triron Jun 2021 #106
triron Jun 2021 #108
burrowowl Jun 2021 #109
triron Jun 2021 #113
Please login to view edit histories.