"I'm trying to understand what the disincentive is from turning the Oval Office into the seat of criminal activity in this country," Supreme Court Justice Ketanji Brown Jackson said.
Former President Donald Trump’s attorney on Thursday argued that a president could order the assassination of his political rival and stage a military coup without being prosecuted for it.
Jack Sauer, Trump’s lawyer, made the “absolute immunity” argument in a Supreme Court hearing in the Department of Justice election interference case against the former president. Trump’s team has repeatedly claimed that the ex-president can’t be prosecuted for “official acts” he did while in office.
Supreme Court Justice Sonia Sotomayor asked Sauer, “If the president decides that his rival is a corrupt person and he orders the military to assassinate him, is that within his official acts to which he has immunity?”
“That could well be an official act,” Sauer responded.
Sotomayor seemed taken aback at that line of reasoning.
...
“How about if the president orders the military to stage a coup?” Kagan asked.
“I think it would depend on the circumstances,” Sauer said.
And don't even frame it as a nameless hypothetical. Get specific.
"Are you arguing that Joe Biden could order the assassination of Clarence Thomas and Donald Trump, and if the Democratic Senate doesn't convict on impeachment, he gets away with it?"
I would pay good money for one of them to ask that exact question, but sadly, I'm a little too poor to buy my own SCOTUS justice. Maybe we could start a gofundme and crowdsource it?
If I were Biden and the Supreme Court ruled it's legal, first thing I'd do is put Trump and every justice that ruled in favor in a CIA black site. Then I'd stack the court with justices that would rule it was illegal. Because that shit cannot stand.
There is no constitutional reason it can't be amended, but there is a statutory reason Biden can't act unilaterally on that: the Judiciary Act of 1869 limits the SCOTUS to nine members.
Huh. Well here's a though: as Biden's last act as president, he should just go ahead and order the assassination of Trump. It'll rid us of Trump, and force the matter into the SCOTUS who will then need to establish precedent case law stating specifically that US presidents aren't allowed to have political rivals assassinated... cuz apparently that's necessary. >_<
Ok, but has anyone checked to be sure that "Jack Sauer" is his real name? That sounds like a fake name a moron would make up. Like Eric Trump is wearing a moustache and trying to argue before the court to win his dad's affection.
“I think it would depend on the circumstances.” That doesn’t sound very absolute then, if it depends. “Absolute” means absolute, not “well actually it would depend.” I think they have a particular set of use cases in mind for this “absolute immunity” thing.
I was about to say, you're using language that sounds very different from "absolute" there, buddy. Absolute is an "all or nothing" word, you can't say "well it's absolute immunity but only for certain things".
Yeah, this guy is deconstructing his own argument. The argument put forth is "absolute immunity", you can't say "absolute immunity in certain circumstances". Either the president can act with complete impunity or they can't, it's a binary.
Because Trump wants to get re-elected (and he probably fucking will because Americans are dumbasses and Trump is thrashing Biden in the polls right now) and when he does he's going to assassinate political rivals.
Indeed, and the legality has been challenged by the ACLU. Although they could not pursue to issue a condemnation.
The present case would be an excellent opportunity to resolve the question of whether or not a President is entitled to kill a US citizen and setup better checks and balances (because, in the case of Obama, there were definitely some, but those were disputable).