Daily Kos

View Story | 41 comments

  •  Immunity? (none / 0)

    I know that there is precedent from the President being sued for actions while in office due to Presidential immunity.

    However...I don't know if that necessarily extends past the President to the VP or other cabinet-level positions.

    Would be interested if there's any attorneys out there that could comment on this.

    "The revolution's just an ethical haircut away..." Billy Bragg

    by grannyhelen on Tue Dec 28, 2004 at 07:45:05 AM PDT

    [ Parent ]

    •  Unlike Europe (4.00 / 2)

      which assumes the rule of law by government, the Americans follow the British tradition of "sovereign immunity".  As a general rule the government, per se, cannot be sued for money damage without its consent, and individuals can be sued only for, under color of law, intentionally depriving someone of a clearly defined constitutional right.  Moreover, some officials like judges and policy makers, have an even greater level of legal protection.  Even when, e.g. Rumsfield, is sued in an official capacity in the United States, this is just another way of suing the government, he isn't personally responsible for any damages awarded.

      In practice, the only remedy against an incumbent President for abhorent policy decisions is impeachment.

      President Clinton's legal troubles set the precedent that governmental immunity is limited to the official acts of the President, and not to suits arising out of the private life of the President unrelated to his official duties.

      "Those who can make you believe absurdities can make you commit atrocities" -- Voltaire

      by ohwilleke on Tue Dec 28, 2004 at 09:18:05 AM PDT

      [ Parent ]

View Story | 41 comments