The bigger deal is that this immunity protection does not extend to the President’s minions and officials.
Trump is never going to round up the prisoners and fly the plane to El Salvador all by himself. He’s got people to do that, and those people can be served with court orders and criminal contempt process.
The bigger deal is that this immunity protection does not extend to the President’s minions and officials.
Not directly, but any employee or agent has no liability if they are following legal orders of their employer.
So no - they cannot be prosecuted either.
State employees aren’t specifically beholden to the agency who hires and fires them.
The state has an executive, legislative and judicial branch.
If they follow an executive order but contravene a law, or contravene a court order that they know about (since only the courts make final interpretations of law) - my understanding is that they have no immunity.
The bigger deal is that this immunity protection does not extend to the President’s minions and officials.
Trump is never going to round up the prisoners and fly the plane to El Salvador all by himself. He’s got people to do that, and those people can be served with court orders and criminal contempt process.
The immunity ruling also retained determination of an act to be official up to the courts.
And then if Trump just pardons them?
Correct. And then Trump just pardons them.
Not directly, but any employee or agent has no liability if they are following legal orders of their employer. So no - they cannot be prosecuted either.
State employees aren’t specifically beholden to the agency who hires and fires them.
The state has an executive, legislative and judicial branch.
If they follow an executive order but contravene a law, or contravene a court order that they know about (since only the courts make final interpretations of law) - my understanding is that they have no immunity.
That’s not what the Nuremberg trials found