Trump lawyer argues at SCOTUS assassinating rivals is covered by Presidential Immunity

[StmarysCity79]

When asked by Justice Sonya Sotomayor during arguments on Thursday if the president deciding “that his rival is a corrupt person and he orders the military — or he orders someone to assassinate him” would constitute an official act subject to immunity, attorney D. John Sauer said it could.

“It would depend on the hypothetical but we can see that could well be an official act,” Sauer told the court. Sauer also claimed under questioning that a president could theoretically be immune from prosecution if he carried out — or attempted to carry out — a coup against the government.

Trump Lawyer Says Having Political Rival Killed Could Constitute 'Official' Presidential Act

The Supreme Court heard oral arguments Thursday on Donald Trump's bid to secure sweeping presidential immunity from criminal prosecution

www.rollingstone.com

 

[Ken King]

Basically the same argument Obama used back in 2010 - https://www.aclu.org/press-releases...authority-kill-americans-outside-combat-zones

 

[Kyle]

Basically the same argument Obama used back in 2010 - https://www.aclu.org/press-releases...authority-kill-americans-outside-combat-zones

You're gonna short her out.

 

[Gilligan]

When asked by Justice Sonya Sotomayor during arguments on Thursday if the president deciding “that his rival is a corrupt person and he orders the military — or he orders someone to assassinate him” would constitute an official act subject to immunity, attorney D. John Sauer said it could.

“It would depend on the hypothetical but we can see that could well be an official act,” Sauer told the court. Sauer also claimed under questioning that a president could theoretically be immune from prosecution if he carried out — or attempted to carry out — a coup against the government.

Trump Lawyer Says Having Political Rival Killed Could Constitute 'Official' Presidential Act

The Supreme Court heard oral arguments Thursday on Donald Trump's bid to secure sweeping presidential immunity from criminal prosecution

www.rollingstone.com

 

[StmarysCity79]

Well it's gonna be a sad day for you when Biden uses that "immunity" to certify the election for himself in June before anyone has a chance to vote won't it.

You can't have it both ways.

 

[HemiHauler]

It was fun listening to Justice Brown Jackson chew up the fat guy’s lawyer and spit ‘em out.

Just listening to his lawyers reminds me that pretzel logic isn’t just a Steely Dan album!

 

[SamSpade]

So - does Presidential immunity - exist AT ALL?

Can a President order a hit on an American (as Obama did) - or say, fire all air traffic controllers - or start a war - and go to jail for it?

 

[HemiHauler]

So - does Presidential immunity - exist AT ALL?

Can a President order a hit on an American (as Obama did) - or say, fire all air traffic controllers - or start a war - and go to jail for it?

Private acts vs. official acts.

Justice Barret got a concession from Trump’s lawyer than private acts get no such concession. Justice Gorsuch got concessions from Trump’s lawyers that virtually all of the acts alleged in the indictment were private acts, not official.

Further, I doubt anyone here really had a problem with Obama’s killing of American citizens once the word “terrorist” was whispered. And once the ACLU took up the case, that guaranteed none of the peanut gallery here would care

 

[SamSpade]

Private acts vs. official acts.

Justice Barret got a concession from Trump’s lawyer than private acts get no such concession. Justice Gorsuch got concessions from Trump’s lawyers that virtually all of the acts alleged in the indictment were private acts, not official.

Further, I doubt anyone here really had a problem with Obama’s killing of American citizens once the word “terrorist” was whispered. And once the ACLU took up the case, that guaranteed none of the peanut gallery here would care

Well I was asking about the concept - not Trump. Can a President be found liable if an official act of their office is deemed a crime?

And I did have a problem with Obama because in this environment - "terrorist" now gets used to describe "person I consider a threat" either personally or politically. When parents complaining at a PTA meeting can be labelled "terrorist" - it really depends on how much you trust the person wielding the term. If TRUMP had done such a thing - and said "oh - he was a terrorist" - would you believe him?

It kind of goes without saying that in a dictatorship - calling an enemy a "terrorist" would come in handy if you can legally and without repercussion - just order them killed.

 

[HemiHauler]

Well I was asking about the concept - not Trump. Can a President be found liable if an official act of their office is deemed a crime?

Fair.

It’s a much more difficult case. POTUS, as the Chief Executive of the United States has fairly wide berth, checks and balances OSTENSIBLY the guardrails.