And they’ve also argued that ordering assassinations of political rivals are official acts.
So now Biden has the best opportunity of all time to clean and prevent the fascist right wing usurpation of the nation.
I mean, that’s what this comes to, right? If he ordered Seal Team Six to storm Mar-A-Lago to recover classified materials with deadly force, then he’s operating in order to maintain national security via his authority as Commander in Chief. That would be legal under this ruling, correct?
I get that would lead to an actual civil war, and I get that their argument is important to shield the office from neverending frivolous lawsuits, but in being forced to rule so explicitly on this it seems like they’ve opened the door to political assassinations. All a President would need is a willing wing of the military and a superficial rationalization and there’d be nothing a court in this country could do about it.
Please, someone tell me I’m missing something.
I don’t think assassinations of political rivals would be covered under the president’s constitutional duties.
But national security is. All they would need is a flimsy justification that the person was stealing state secrets (like Trump) or organizing a terrorist attack, which could include any contact with an armed or paramilitary group that’s planning a protest. They could use state influence to coerce that group to take action, and the records of that planning process would be inadmissible per this ruling. It’s not hard to come up with superficial reasons that do align with Constitutional obligations.
Edit to add: Hell, just look at the McCarthy era, or the Iraq war. It’s not hard at all for a sufficiently shameless group of politicians to gin up a moral panic about national security. They don’t even need evidence, they just need motive. We’re real fucking close to the government being able to legally assassinate purported communists for subversion.
“When the president does it, that means that it is not illegal.”
Of course that’s only for Republican presidents. The Supreme Court has already shown that they don’t care about precedent, so if Biden does something, it’ll come back up and they’ll find it was not an official act and can be prosecuted, no matter what it was.
You’re missing that the Supreme Court is taking the piss and the District Court they’re kicking this back to has already done their homework and defined the official acts versus unofficial acts. They’re ret-2-go but the Supreme’s did their job of punting this until at least October, since that’s when they come back from vacation. So when the District Court punts it back up the chain to the Supreme Court, they have to wait for the Supreme Court to reconvene. It’s fucking stupid, but it accomplished getting Trump nothing but a legal time-out.
Oh, ALSO:
Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial.
They literally fucked us out of a ton of evidence with this part of the ruling.
“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune,” Sotomayor wrote.
Honestly, the quickest way out is to officially order the summary executions of the judges who established this new immunity - then pass a second law ordering that SCOTUS must always evenly represent all major parties, one out, one in.
Then get new judges in that will reverse the immunity ruling. That way this sort of problem won’t come up again.
Sometimes the tree of liberty needs to be watered with blood. This is may be one of those times.
He didn’t want to pack the court so I’m not holding out hope that he’d empty the court either. Obviously assassinating justices would completely fuck the country up, but one could argue that the current justices are slow playing us into a fascist dictatorship.
