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this post was submitted on 04 Jul 2024
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I have a different take and I think the Chief Justice is being intentionally vague here. He references a bribery prosecution but never specifically mentions in the footnote whether he is referring to the issuance of a pardon, which is a core function, and thus entitled to absolute immunity based on the rest of the opinion. It’s also not clear whether he is referring to a prosecution of the briber or the person being bribed.
Reading Justice Barrett's partial concurrence, which is what the footnote responds to and also included in the linked ruling addresses your concern. Justice Barrett is unambiguously talking about prosecuting the president for accepting a bribe.
Except a pardon is a core function within the president’s constitutional authority, not just an official act, thus based on the opinion entitled to absolute immunity. The footnote exchange is only referencing official acts (which are entitled to presumptive immunity) not core constitutional functions (like a pardon).
Accepting a bribe is, however not an official act. It's the acceptance of the bribe that's illegal, not the official act itself.