ROCHESTER, N.Y. — The Supreme Court’s presidential immunity decision is being challenged.
One member of Congress is so opposed to it, he’s taking action.
Rep. Joseph Morelle is calling out the high court’s decision providing presidents immunity from prosecution for acts taken during official presidential business.
Morelle represents New York’s 25th Congressional District. He is preparing to introduce a constitutional amendment to reverse Monday’s Supreme Court’s decision calling it, “the most un-American decision in the history of the court.”
“As we’re about to celebrate the Fourth of July, it’s particularly ironic that the founders wanted to make sure that no American was above accountability, no American was above the law," Morelle said. "And yet, the Supreme Court decision upends 248 years of American governance that no American has ever held. I think it’s the worst decision around structural governance in the United States in the history of the court. And I’m going to do something about it."
Legal experts say the decision grants presidents a definitive “absolute immunity” from prosecution for core official acts and it provides an expansive list of acts requiring presumed immunity. There is no immunity for unofficial acts.
It was not a unanimous decision with the court coming in at a six to three decision. Republican Rep. Marc Molinaro weighed in about the decision and the effort to overturn it by his colleague.
“I think that the Supreme Court made clear that certain official actions as exercised by the president are given at least deference when it comes to immunity but that presidents are not above the law and ultimately if they act in a criminal way outside of their authority they can be held accountable through the criminal courts,” said Molinaro, who represents the 19th Congressional District.
The high court’s immunity decision has the immediate potential of delaying former President Donald Trump’s courtroom legal proceedings. Molinaro says he believes Democrats are using moments like this to distract from the real crisis at hand – the confidence the American people have in the current President regarding his competency.
Morelle says he expects to have a final draft of the amendment within the next couple of days. He says votes from two-thirds of the House of Representatives and the Senate are needed to get to the next stage, then it would need to be ratified by the state.