6

A president can be personally sued, and does not enjoy universal immunity while in office, see Clinton v. Jones, 520 US 681 – in that case, Clinton was represented by private counsel. There are differences between that case and the instant hypothetical, the most prominent being whether such statements might be shielded because of executive privilege. The ...


5

Is a government official personally liable when, within the sphere of his or her official responsibility, they violate a person's constitutional rights? Some officials “whose special functions or constitutional status requires complete protection from suits for damages [...] including certain officials of the Executive Branch, such as prosecutors and ...


5

The statute in question (which is unusual and not part of the law in most U.S. states) is as follows: (a) A person commits an offense if the person: (1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted;  ...


4

There are two kinds of immunity: absolute and qualified. Absolute immunity is limited to the official discretionary acts of judges, prosecutors in the litigation process (but not in the investigatory process) and the President. And, in the cases of judges and prosecutors this is only immunity from civil liability and not criminal liability. Thus, for ...


2

The Police will usually turn a blind eye and not report anything that will implicate themselves or one of their own. While it is assumed that they would follow the law and be morally just in their enforcement. History has shown it is not like that. Police very rarely get charged with crimes, even less often get convicted of crimes even with video evidence of ...


2

From your link (paragraph B): This time, with only ten days before JCSO's planned press conference on the success of its April 20 raid, the previously innocuous vegetation was considered to be wet marijuana plant material. Burns asserts that he field tested the plant material found on April 10 using a Lynn Peavey KN reagent test kit, and that it was ...


2

No, federal officials are not immune from criminal laws. Obviously, many politicians have been arrested. https://en.wikipedia.org/wiki/List_of_American_federal_politicians_convicted_of_crimes#Executive_branch_2 What is a criminal offense for them is the same as the list of criminal offenses for everyone though. Just because something is against the law ...


1

For all practical purposes, in its historical context and has it has been applied since 1789 when it was adopted, the oath of office required by the United States Constitution serves the sole purpose of requiring the judge (and other public officials) to agree that the presently constituted government of the United States (rather than, for example, the ...


1

Unless the judge knew that the probable cause standard had not been met, but corruptly or maliciously issued the warrant anyway, I don't see that the judge's oath was violated. If the judge believed false testimony from the police, the judge did not violate anything, although the warrant might be overturned by an appeals court, and the police might be liable ...


1

If the prosecution believed that the act wasn't in an official capacity and the defence believed it was then that is a fact that the court would need to determine.


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