by Fred Sisto | Nov 4, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court continued in relevant part: The question then becomes whether that presumption of immunity is rebutted under the circumstances. It is the Government’s burden to rebut the presumption of immunity. The Court therefore remands to the District Court to...
by Fred Sisto | Nov 2, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court continued in relevant part: The Executive Branch has “exclusive authority and absolute discretion” to decide which crimes to investigate and prosecute, including with respect to allegations of election crime. Nixon, 418 U. S., at 693. And the...
by Fred Sisto | Oct 31, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Chief Justice continued in relevant part: When the President acts pursuant to “constitutional and statutory authority,” he takes official action to perform the functions of his office. Fitzgerald, 456 U. S., at 757. Determining whether an action is covered by...
by Fred Sisto | Oct 29, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Roberts continued in relevant part: But there is also a compelling “public interest in fair and effective law enforcement.” Vance, 591 U. S., at 808. Considering these competing considerations, the Court concludes that the separation of powers principles...
by Fred Sisto | Oct 27, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court continued in relevant part: In Fitzgerald, for instance, the Court concluded that a former President is entitled to absolute immunity from “damages liability for acts within the ‘outer perimeter’ of his official responsibility.” Id., at 756. The...
