- Sep 19, 2020
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Trump team argues assassination of rivals is covered by presidential immunity
Former President Trump’s legal team suggested Tuesday that even a president directing SEAL Team Six to kill a political opponent would be an action barred from prosecution given a former executive&…thehill.com
The people that are arguing that President Biden is abusing his office because a Special Counsel has indicted his political rival, is now arguing a President can KILL his political opponent and get away with it, providing he isn't impeached for the deed or resigns if impeachment looms. Feel free to justify it.
Judge Michelle Childs, a Biden appointee, noted that a president could resign rather than face impeachment, something that under the framework of Trump’s attorneys would allow them to dodge future prosecution.
In all practicality, presidents are immune while in office....
- They can pardon themselves and others for federal crimes except for impeachment.
- They probably make the call on most assassinations. There are collateral casualties.
- The DOJ reports to the president
- Biden would have been indicted by now otherwise.
The DOJ has long held that presidents cannot be criminally indicted while in office—arguing in a memo it “would impermissibly undermine the capacity of the executive branch”—and the Supreme Court ruled in Nixon v. Fitzgerald that presidents can’t be held liable in civil cases for actions they undertook as part of their official duties, though the high court separately found in Clinton v. Jones that presidents can be sued in civil court for actions taken before they were president.
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So, if they are immune while in office, how can you possibly charge them for things while they were in office? Makes no sense to me.
Whether it is a good idea or not is a different question.
Regards,
Jim