The syllabus only says that SCOTUS can’t decide the line between official and unofficial acts because it’s a court of final review, and they offered a list of guidance to lower courts who they charged with making the distinction. They point to pp 16-32 for more detail on that guidance.
The guidance says:
Courts cannot consider motive
An act is not unofficial simply because it violates a law
Courts cannot consider negotiations with DoJ
Courts cannot consider negotiations with or influence of the VP if the VP is serving an executive branch function, but may consider influence of the VP if the VP is serving a legislative branch function (i.e. supervising the Senate)
Engagement with private parties is not an official act
Public communication of the person serving in the role of President is official, but public communication of the President serving in another role is not
Prosecutors cannot use a jury to indirectly infringe on immunity unless a judge has already ruled that immunity does not exist
So again, if a President sends a branch of the military to a) assassinate a terrorist or b) recover national security secrets, none of the allowable court considerations above come into play. Nor do they if the assassinated individual is a SCOTUS justice or a political rival. The executive branch and military are the only entities involved, no public communication happens, murder is OK if it’s done in an official capacity, and planning records are inadmissible. A prosecutor would have no authority to bring a case, and a court would have no precedent to allow consideration of the charge even if they were brought.
The syllabus only says that SCOTUS can’t decide the line between official and unofficial acts because it’s a court of final review, and they offered a list of guidance to lower courts who they charged with making the distinction. They point to pp 16-32 for more detail on that guidance.
The guidance says:
Courts cannot consider motive
An act is not unofficial simply because it violates a law
Courts cannot consider negotiations with DoJ
Courts cannot consider negotiations with or influence of the VP if the VP is serving an executive branch function, but may consider influence of the VP if the VP is serving a legislative branch function (i.e. supervising the Senate)
Engagement with private parties is not an official act
Public communication of the person serving in the role of President is official, but public communication of the President serving in another role is not
Prosecutors cannot use a jury to indirectly infringe on immunity unless a judge has already ruled that immunity does not exist
So again, if a President sends a branch of the military to a) assassinate a terrorist or b) recover national security secrets, none of the allowable court considerations above come into play. Nor do they if the assassinated individual is a SCOTUS justice or a political rival. The executive branch and military are the only entities involved, no public communication happens, murder is OK if it’s done in an official capacity, and planning records are inadmissible. A prosecutor would have no authority to bring a case, and a court would have no precedent to allow consideration of the charge even if they were brought.
That’s a loophole the size of the Hoover Dam.