LETTER: How Will Supreme Court Decide What is an “Official Act”?

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America has experienced nothing but chaos, suspected election interference from a foreign country, unrest, prejudges and the division of common people since Trump came down the escalator at the Trump Tower in New York City announcing his candidacy for President of the United States. I guess this discord laid dormant or underground for years; however, he has made it acceptable and Hell seems to have erupted.

We are told that during his first term cabinet officials kept him in check from executing his wildest impulses.

However, he has considered himself unfettered in his actions after the Supreme Court’s decision on July 1, 2024, granting him limited immunity. This ruling stated that presidents, including former ones, have immunity from prosecution for “official acts” carried out during their tenure.

There have been questions regarding the scope of “limited immunity.” The Supreme Court’s decision clarified that immunity applies only to “official acts” carried out during a president’s tenure. However, what constitutes an “official act” versus an “unofficial act” is debatable. While this debate goes on, Trump and his administration is daily extending the goal post.

Mr. Garcia presents, and has brought forward an interesting case study regarding the limitation of “official acts.” Is it within the purview of limited immunity in terms of “official acts” to disregard a court order when you are doing something unlawful?

Clyde Younger
Watertown Resident

28 thoughts on “LETTER: How Will Supreme Court Decide What is an “Official Act”?

  1. I assume that the Trump appointed judiciary will say that they are official acts. It does seem that this will be a real test case for presidential immunity.

    • Yes, it will – should the Obama and Biden appointed lower level judiciary persist in finding that Mr. President Trump actions were not official or that limited immunity did not apply. It has yet to happen, so some of these District judges may be carefully considering whether lawfare is worth it, given the record to date.

  2. As I read the truncated letter above referring to one “Mr. Garcia” as the basis for an oblique question about limited immunity, I realize that Garcia is one of most common Spanish surnames.

    Consequently, I am left with the assumption that Mr. Clyde may be referring to Kilmar Abrego Garcia, an MS-13 gang member, illegal alien from El Salvador, suspected human trafficker, and wife beater. If so, I am at a loss to understand as to what “unlawful” acts [which were allegedly committed by Mr. President Trump] are giving Mr. Clyde the reason to bring about the “official acts” immunity – or lack thereof. Perhaps specifying which “court order” would be a good start – as there are many.

    We’ll debate things afterwards.

  3. Even if I have yet to agree with Mr. Younger, I look forward to his op-eds here and appreciate the chance to exchange points of view. The Hell that he says has erupted I instead see as the quenching of Hell that seethed under whoever was running the country until three months ago. I excuse President Biden: it clearly wasn’t he.

    I learned early in President Trump’s first term to ignore the daily outrage. Mr. Younger is right that President Trump was denied a cabinet and other advisers more in tune with his thinking. Less so this time, and the President’s voters are therefore getting much more of what they voted for: secure borders; repatriated illegal aliens; fair trade policies; a stronger military with less war. If President Trump has committed any “unofficial act”, you can be sure that some Obama-appointed district judge in back of beyond Colorado will file an injunction. They have done just that against most of his official acts, many swatted aside by higher courts. Sending a certain criminal here illegally back to his country of origin to pay his debt to society would seem to be as official as an act can get. Virtue-signalers like Sen. Van Hollen (D-Margaritaville) are a cruel, bitter joke in comparison.

    • So demanding adherence to the rule of law is now “virtue signaling”. And the phony “margarita” lie is treated like it’s real. What an insane world you people have created.

      • No. Allowing 13M+ illegal aliens in our country is the “insane world’ “you people” brought us. Do you think that was OK? Van Hollen and other Democrats obviously do because that all you have left. Pad the voting rolls and census counts with the illegals to hold on to power.

    • Odd what makes it past the censor and what does not. I have been called a liar, fascist (or fascist-adjacent), and myriad other insults—but I can’t get a good-natured answer to Paul Fahey in print. Call me anything you like, but permit me the courtesy of a response.
      We all recognize fascism: this is democracy. Delegitimizing an elected president less than three months into office is, if not fascism, not democracy either. I’m minded to call it an insurrection because this time it meets the definition.

      • Josh:

        The Alinsky, Ayer, et al, crowd will keep doing what they naturally do. As the former said: “ Pick the target, freeze it, personalize it, and polarize it.”

        With that in mind, ignore the insults and carry on. Carl Sandburg knew this back in 1935:

        “ If the law is against you, talk about the evidence,” said a battered barrister “If the evidence is against you, talk about the law, and, since you ask me, if the law and the evidence are both against you, then pound on the table and yell like hell”

        We witness a lot of table pounding and yelling here.

    • To the great sadness of most of us, it seems that the latter is true. An acceptance of meanness toward fellow humans is becoming commonplace.

    • Recognition is easy. It’s impact that’s relative. “As long as it’s not me” or “they’ll never do it to me” is how some people have always operated. It’s the frog in the boiling pot of water; twas ever thus. Hitler started with the Roma, disabled and homosexuals. Eventually, the camps included political opponents, Jehovah Witnesses, Free Masons, and even oligarchs who decided to jump off the Hitler train – some 1 million in addition to the 6 million Jews. It was the same in China with businesses and government officials coming under attack first, followed by political opponents, certain ethnicities, intellectuals, scientists, etc.

      There’s a reason why people are presumed innocent. DNA and other methods bear this out continually. Ask the Central Park 5 or Boston’s Sacco and Vanzetti. So if we are going to judge people by their tattoos, as we had in the past when one couldn’t get hired with tattoos, then let’s start with those who have pro white nationalistic ones. It’s a good thing that the law stands in front of our biases. I am glad for the 9-0 Supreme Court decision against the use of the Alien and Sedition Acts. The cynical part or me, however, thinks the judges have already recognized themselves as frogs. We all need to use those critical thinking skills more, as the original poster alludes to in his letter.

      • I always appreciate a reminder of the Holocaust, but I don’t see the reason here. Are you saying that the President of the United States is the reincarnation of the German Führer? Or of Chairman Mao? For carrying out laws passed by Congress? For taking his oath of office seriously to preserve, protect, and defend the Constitution ? For delivering on his promises to 77.3 million voters? For protecting black and white, rich and poor, from gangs of hardened criminals? That for those “crimes” he is on par with two of the three genocidal monsters in the 20th century? I can’t imagine anyone saying that. But I’m still grateful for the reminder about the Holocaust. Too many Hamas sympathizers have forgotten or don’t care.

        • The hardened criminals that Trump is not only protecting, but aiding and abetting are the billionaire class who are dissatisfied with the paucity of their wealth. Indeed Mr. Musk, et. al. need a tax break more than we need research into cures for tuberculosis. Really. . .

          And the haphazard rounding up and deporting is not going to protect anyone. Without due process it is just a very inhuman and ugly display of power. Fascist? Absolutely so.

          • Mr. Musk doesn’t need a tax break.

            Unlike most people, Elon doesn’t take a salary. Tesla’s financial reports confirm his official salary is $0, meaning he avoids federal income tax on wages. Instead, his compensation comes almost entirely from stock options, which are taxed only when exercised. This puts him in complete control of when he pays those hefty tax bills. This is what a lot of rich people do, and I suppose many here would do the same if they were in such enviable position.

            That’s why he paid paid over $11 billion in taxes in 2021, and $455 million in federal taxes between 2014 and 2018.

            And, of course, he did so in accordance with the law.

            If you don’t like it, write to your senator and congressman. See if they can, or want to, change it. Good luck.

        • That Constitution ensures that people who have legal status here have due process. Read the 5th Amendment. Not only is he ignoring the rule of law but he’s practicing several of the steps that lead up to Genocide per Facing History, Facing Ourselves. The genocidal monsters often start out as men with just enough power. The story never ends well. And you don’t have to say it, several people, conservative and liberal, already are. So are people like David Frum, George Will, Lynn Cheney, Kinzinger, McConnell, Kristol, the Conservatives on the Supreme Courts, Bush, leaders of the military, and so on monsters for calling a spade genocidal? Reports are coming from our congressional representatives that congressional Republicans have to gone to them and said that they fear Trump and MAGA, and don’t feel that they are safe, nor their families. I hope some very powerful person never accuses you of a crime in this climate, or threaten you in such a manner.

          • These people (MAGA) have made it clear that Trump’s demands are more important than any constitutional guarantees of due process. Apparently a president elected by the lowest popular vote margin in 25 years has received a mandate to do whatever he wishes. This is the world in which we now live.

          • So, Democrats were REALLY angry when Obama and Biden deported MORE people than Trump did in his first term? Oh, they DIDN’T? I gave those two Democrats president credit—I had to. But their recklessness with the border undercut any gains in deporting illegal aliens. True to his nickname, the Very Stable Genius is doing both. Where are the Democrats going to make up those illegal votes? Spoiler alert: they aren’t. That’s why we ignore the noise.

          • The difference Josh, is due process. Trump appears to be scooping people up with maximum meanness and deporting them without any chance to go through the judicial process.

            Few object to deporting criminals. But the foundation of American justice is the presumption of innocence until proof of guilt. That has been absent.

            Also, it seems that among the grad students that Trump is deporting are some of the best scientific minds–the kind of people that we want to come to America. The case of the Russian geneticist at Harvard is a perfect example. A dissident against Putin, she should not be sent back to face possible imprisonment.

            Finally it appears that many are being deported because of their opposition to Trump positions. This is dangerous. How long before journalists who criticize will be deported.

            This appears to me not to be well thought immigration enforcement, but rather a brutal show for a blood thirsty base–indiscriminately throwing raw meat to angry base. Just more reality TV except that it is real life authoritarian brutality.

    • Actually, yes. A modest sample would include the Montgomery County Public Schools (MCPS) which approved certain LGBTQ-themed curriculum books in late 2022. Initially, MCPS allowed an opt-out for parents with religious concerns, but by March of 2023, it reversed course, citing concerns about absenteeism and administrative burdens.

      A group of parents from Muslim, Roman Catholic and Ukrainian Orthodox faiths, sued the school district, arguing the lack of an opt-out system trampled upon their religious rights as parents. SCOTUS is reviewing right now, and has signaled support for the parents.

      And, for the record, I certainly do not approve what MCPS has done. Thanks for bringing up these questions.

    • Early Friday morning, ICE sent three U.S. citizens aged 2, 4, and 7 from Louisiana, including one with Stage 4 cancer, to Honduras when they deported their mothers. The three are children of two different mothers who were arrested while checking in with the government as part of their routine process for immigration proceedings. The women and their children were not permitted to speak to family or lawyers before being flown to Honduras. The cancer patient was sent out of the country without medication or consultation with doctors.*

      I recognize fascism, and this is it. The administration has been working to bypass due process — a Constitutional right guaranteed to citizens and non-citizens alike– even when a 9-0 Supreme Court ruling says they cannot.

      I don’t think anyone who voted for Trump had in mind ejecting a 4 year old citizen with Stage 4 cancer from the country.

      At least I hope they didn’t.

      *Source: https://open.substack.com/pub/heathercoxrichardson/p/april-26-2025?r=18lcxf&utm_medium=ios

      • Not so fast. The 9-0 ruling did not go as far as you allege, as words have specific meaning.

        This from a bastion of conservative views, Newsweek:

        “Trump White House officials have suggested a U.S. Supreme Court order regarding the return of a Maryland man improperly deported to El Salvador has been satisfied, despite him remaining in prison in the Central American country.

        The Supreme Court ordered on April 10 that the government must “facilitate” Kilmar Abrego Garcia’s return to the United States, but stopped short of backing a lower court’s earlier directive that the government “effectuate”—or make happen—his return.”

        The administration then offered a plane to “facilitate” the illegal alien’s return. El Salvador refused. End of story.

        As far as the Hondurans story goes, here’s ICE statement:

        “ This parent made the decision to take the child with them to Honduras. It is common that parents want to be removed with their children. Parents are asked if they want to be removed with their children or ICE will place the children with someone the parent designates. In this case, the parent stated they wanted to be removed with the children. We take our responsibility to protect children seriously and will continue to work with federal law enforcement to ensure that children are safe and protected.”

        There will be a hearing on the subject. We’ll see what happens.

        In the interim, I cannot avoid thinking that but for the mothers’ illegal alien presence in this country, none of this would have happened.

  4. ”Fascist”, “mean”, “angry”, “bloodthirsty”—to paraphrase Dr. Seuss: Oh, the places I could go the commenters here! But to paraphrase Groucho Marx, I still want to belong to a community that would not have someone like me for a member. We merely disagree. The only difference between us is that I’m right and they’re wrong. As I shall explain.

    Deportations peaked under President Obama. “In fact, Obama oversaw more deportations than any other U.S. president in history,” the UK Independent reported last November. Obama averaged 382,500 deportations over eight years, Trump 298,750 over four (2017-2021). Biden’s strict deportation figures were lower than both, but he used Title 42 (Covid) expulsions to remove 2,754,120 illegals, which blows his predecessors out of the water. (All statistics from the Office of Homeland Security, cited by The Independent.) President Trump, meanwhile, tried to build a wall at the border to stem illegal immigration; President Biden replaced it with a conveyor belt and an air taxi. No one can blame VP Harris for failing as Border Czar: she was meant to fail. Failure was the only option.

    The numbers get only more biased when judicial injunctions are counted. Not only is Trump besieged by multiples of the numbers filed against Biden and Obama, over 90% of the injunctions have been filed by Democrat-appointed judges. Under Biden, Obama and W. Bush, it was about 50-50. Politics is by nature partisan. Why would immigration politics and judicial politics be any different? It’s just (lots) more of the same.

    Behind every fake news headline is a true story that puts the lie to “Extra! Read all about it!” Even the accusations of lies are often lies themselves. If we just don’t believe you, and we don’t, we can’t, not anymore, not ever again, you have only yourselves to blame.

      • Sure.

        Evening newscasts on ABC, NBC and CBS have slapped President Donald Trump with 92% negative coverage as the 100th day of his second term approaches, according to the Media Research Center (MRC).

        The MRC analyzed ABC’s “World News Tonight,” “NBC Nightly News” and “CBS Evening News” from January 20 through April 9 and found 899 stories that discussed President Trump or the Trump administration. The media watchdog group found that 92.2% of the coverage was negative compared to only 7.8% positive.

        Not biased. Just a coincidence. Right?

      • You are fighting a losing battle. “Fake news” is the constant refrain from MAGA because they can’t accept the reality of what’s happening. Trump has the worst 100-day polling numbers of any modern President? Must be “fake news!” Amazon wants to be transparent about the tariffs on their invoices? They are “hostile and political!” I am grateful to Trump for one thing in the past 100 days. He ensured the re-election of a Liberal government in Canada when such a thing would have been virtually impossible 100 days ago. What happened between now and then?

    • I should have added that the adjectives “mean, angry, and bloodthirsty” apply to many of the MS-15 and Tren de Aragua gangsters plaguing cities and towns across America. I would include “fascist”, too, but the word has been worn out of all meaning. When everyone you disagree with is a fascist, even gangs of street thugs no different from the brownshirted and blackshirted OG fascists need a stronger word. We’ll need to invent one because I don’t think one exists that encompasses their depths of degradation.

  5. If people on this thread do not understand the rule of law and how to proceed under such, then there’s no helping them. They are indeed their own worst enemy, and maybe ours.

    Obama did deport more individuals but he did following a process. Under Biden, the Democrats proposed a policy that was more favorable toward reducing migration and entry, which many Republicans very much wanted to vote in favor of, and better equipped at stemming the trend than a wall, according to some conservative analysts who said this was a good policy.

    They rejected the proposal not because it didn’t go far enough or they weren’t pleased with it, but because it would have been a feather in Biden’s cap, and Trump, without mincing words, told Republicans not to vote for it.

    This act clearly demonstrates why Trump is not good enough to be president. It’s not because he is white, males, Republican, “Christian” (even as a Presbyterian you must act well to show that you one of the elect),etc. It is because Trump is not for the rule of law or following any sort of process, procedure or policy. Trump is for himself . When given effective tools to stop what he says he wants stopped, he says no because it impacts his numbers – popularity.

    The rule of law did not arise in a vacuum. It is the product of the the equal but separate three branches paradigm. Anyone who knows anything about Medieval English History would know that one could not exist without the other. So why must we repeat the process that our political forebears had to go through repeatedly for hundreds of years? Cant’s we say been there, done that?

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