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In reply to the discussion: New York Dem will introduce amendment to reverse Supreme Court immunity ruling [View all]Farmer-Rick
(10,886 posts)It's a bad decision by the dancing Supremes but it is very similar to the types of immunity a military officer has.
If an officer ordered an attack and enlisted men were killed, the officer can not be charged with murder. The officer is considered immune from prosecution for official acts.
A Captain of a ship can order a person be put on bread and water as punishment for violations of the UCMJ. If the person dies because he had undiagnosed diabetes, and this was a real case that happened, the Captain can not be prosecuted because it was an official act. But the doctor monitoring him was brought up on charges.
But if the Captain of the ship sexually harassed one of his crew, the Captain has no immunity because misconduct is not considered part of his official duties.
So, other executive branch members have immunity from prosecution for official acts.
The trick is pulling apart what is official and what is not. In almost every case, misconduct is not considered part of their official duties.