Technically they said Presidents and Former Presidents cannot be prosecuted for it, not give them the authority to. You still have to find a “yes-man” to obey those orders. Biden can try, tell the military to kill SCOTUS members for treason, they say “Sorry Mr. President No-can-do”. Biden might be immune for trying to do it.
*keyword “might” be, but Scotus can say “that was not an official act”
*keyword “might” be, but Scotus can say “that was not an official act”
In this thought experiment, they would certainly not be able to say that because they wouldn’t exist anymore.
Any new justices would certainly certainly hold the Biden-preferred opinion, because otherwise he wouldn’t nominate them. (That opinion would neither be “Biden is immune and this is fine” nor “that was not an official act,” but rather “we’re overturning the previous decision and making the President prosecutable for illegal official acts again,” because forcing that ruling would be the entire point of the exercise, BTW.)
In this thought experiment, they would certainly not be able to say that because they wouldn’t exist anymore.
Bruh my brain is so filled with election anxiety that I don’t even realize this fact 🤣
But the point remains, the military would never obey such orders. Biden would have to quickly fire the chain of commands until he finds such commander, find a unit in the military willing to perform such illegal act, carry out the act, then get senate to confirm new justices. Oh btw Democrats still believe in the rule of law, senate Democrats would never approve this, even if he orders 50 of the most conservative members killed (50 is quorum btw) there wouldn’t be 25 democrats willing to confirm them. What would happen is republican house would impeach biden along with like 90% of democrats voting in favor, then the senate would probably like 40/50 dems voting to convict. Democrats would lose the electoral college like all the swing states against whatever republican is running, even if he tries to get the entire republican ticket killed, since non voting republicans would be raging against democrats. The Democratic party would have to disband and form another party to try to rebrand.
I mean Biden is not a dictator, he can only do what average Democratic politicians in congress would deem acceptable. I mean at this point its just political fan-fiction. This is civil war territory and any speculation would sound surreal and ridiculus.
(The results of this election is already surreal enough)
