Sotomayor: If the president decides that his rival is a corrupt person and he orders the military to assasinate him, is that within his official acts to which he has immunity?

“That could well be an official act,” Trump lawyer John Sauer says

  • @[email protected]
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    231 year ago

    My gut tells me Trump’s lawyers don’t actually want the president to be immune. They already won by having the Supreme Court take up this absurd case allowing his other trial to be delayed until this issue is resolved. Likely after he’s president.

    • jwiggler
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      241 year ago

      Lol, that’s exactly what the article says. Literally the last three lines summing it all up:

      Despite Trump’s public insistence that he deserves widespread immunity, his own legal team seems prepared to have their claims rejected by the highest court in the land. Rolling Stone reported on Wednesday that many of the former president’s lawyers and political advisers are bearish on their odds of success — but it’s not all doom and gloom.

      “We already pulled off the heist,” one source close to Trump said, adding that regardless of what the court decides, they’ve already managed to severely stall the DOJ’s election interference case.

      • @[email protected]
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        31 year ago

        Exactly. No one thinks presidents should be able to commit crimes with impunity. This is a delay tactic and we feel for it hook, line, and sinker. When you have money to pay for lawyers, you can delay justice indefinitely. Sure Trump is on trial for the Stormy Daniels coverup payments right now, but if he serves a single day in prison for it, I will gladly eat my hat.

  • @[email protected]
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    41 year ago

    Feel like theyre trying to setup as a given that “official presidential acts” are immune from prosecution.

    Like “alright assassinating a political rival is a step too far but now we’re discussing a much more tame action as president.”

    No go back a step, there is no law granting the president immunity from the law. It doesnt matter what is or isnt an “official act”

    • Chainweasel
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      131 year ago

      Trump? He’s just the start. I’m cleaning House, and Senate!

    • @[email protected]
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      1 year ago

      Obviously, why wouldn’t he? This is potentially the dumbest argument ever heard in a court room and we’re all supposed to sit here and entertain its plausibility. What a joke.

      • @[email protected]
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        1 year ago

        we’re all supposed to sit here and entertain its plausibility.

        We’re all here because more than one of these judges is entertaining its plausibility. Listening to some of the questions coming from a couple of these judges, there is a very real possibility that they actually declare Trump at least partially immune, leading to the lower courts having to re-litigate the issues again (which would delay Trump’s trials by years), or outright giving him enough immunity to make his current cases go away.

        It’s important to note that this would include the state cases. If Trump were to return to office, he could in theory pardon himself and make the federal cases go away but can’t do anything about the state ones. If the SC were to rule he’s immune, the state courts can’t touch him either.

        Honestly, I think the judges are just trying to figure out how they can rule narrowly enough to make sure Trump walks away scot-free while also ensuring that Biden and other future presidents don’t get the same treatment.

        • Bipta
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          121 year ago

          4 justices have to vote to hear a case at the Supreme Court. I don’t understand why they’d ever choose to.

        • bean
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          1 year ago

          Why not have Biden just assassinate Trump then? He likely wouldn’t have to deal with a long drawn out court decision. He can be done with it and move on. It’s horrible to consider, but I’m so so so so so so so so so sick of Trump. Everyday I’m bombarded with orange pulp. 😆

          • @[email protected]
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            81 year ago

            Just put them in a jail. And put enough Republican congresspeople in jail to have the majority. And then declare they can leave as soon as a bill is passed making the stupid “immunity” shit illegal.

            You can demonstrate the issues without killing anyone.

          • Goku
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            61 year ago

            The kicker for the immunity is that he can be impeached and convicted by congress…

            So you’re only immune if you’re a republican and you have enough votes in the senate… Lord knows Democrats would convict each other but republicans will toe the line.

        • @[email protected]
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          281 year ago

          Trump was not president for the crimes in NY or the retention of documents AFTER he was president. Of course it’ll be delayed and litigated, but “president is immune” does not make trumps problems go away unless they go “president is immune for the rest of their lives” which is even more insane.

          • @[email protected]
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            41 year ago

            unless they go “president is immune for the rest of their lives” which is even more insane.

            Alito pretty much did argue that.

            He said presidents won’t leave office peacefully if they aren’t able to retire to security without threats of prosecution.

      • Bipta
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        161 year ago

        If the Supreme Court were to greenlight this, it becomes the only logical choice in terms of preservation of the self and the state…

        My opponent will use this power for great evil, so I must use it first to circumvent that.

        • VaultBoyNewVegas
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          81 year ago

          I’m not even American so I can’t be president, I just want to the fucking Cheeto dead and his family.

    • theprogressivist
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      441 year ago

      I’m sure they’ll frame it in a way where this only applies to Trump, and no former or future presidents will have that ability.

      • teft
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        421 year ago

        Same as Bush v Gore

        Our consideration is limited to the present circumstances

        They’ll stick that in their opinion and say that this case isn’t binding on future cases therefore it doesn’t set precedent.

        • @[email protected]
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          141 year ago

          That’s a paradox. The only precedent it set was that a decision could withhold setting a precedent.

    • @[email protected]
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      11 year ago

      The bad part is that a normal person wouldn’t order that, and Biden is quite normal. Only the radical MAGAts or worse would.

    • @[email protected]
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      101 year ago

      You know as well as I do that we’ll sit on that high horse of morality, sniffing our own farts, while we get sniped right the fuck off that horse by a Republican who has no issues whatsoever with abusing that power.

    • @[email protected]
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      11 year ago

      Biden doesn’t have the balls for that…Trump, unfortunetely does (or he’s just too fucking stupid to realize the ramifications of it).

    • @[email protected]
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      51 year ago

      If this is okayed then the next government will presumably be the last. So if that’s not Biden then he is comfortable handing over the torch to whomever wins. That doesn’t seem like a particularly nice choice to have to make.

  • @[email protected]
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    1 year ago

    It’s just bizarre to listen to…

    Kagan: If a president sells nuclear secrets to a foreign adversary, is that immune?

    Sauer: If it’s structured as an official act, he would have to be impeached and convicted first.

    • @[email protected]
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      231 year ago

      It’s the only argument he can make. If he makes any other argument, his position on complete and total immunity is dead on the spot, as he would be conceding that the President isn’t completely and totally immune after all.

      Any concession, no matter how ridiculous the example, would invalidate his entire case immediately and he knows it. And if you ever hear him say “He would have to be impeached and convicted first”, you’ll know that he damn well knows how ridiculous his own arguments sound.

      Judge: If President Trump were to run around the White House naked with a rubber glove on his head yelling ‘Hi, I’m a squid! Nuke Montana so I can take out my rival octopus and his herd of glitter cows!’, would that be an official act he would have immunity under?

      Sauer: If it’s structured as an official act, he would have to be impeached and convicted first.

      Doesn’t matter what scenario you put there. Sauer’s options are to repeat that line or essentially lose the case.

    • Billiam
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      1 year ago

      Sauer: If it’s structured as an official act, he would have to be impeached and convicted first.

      Alright you goddamn fascist enabler, explain how the fuck breaking the law either by stealing nuclear secrets or assassinating political opponents could be “structured as an official act.” Explain the exact case law and legal mechanisms that explicitly give the office of the President this authority. And then, while you’re exhaling the CO2 that some poor plant is gonna have to clean up, explain how private citizen Donald Trump shouldn’t be prosecuted for committing these acts while he wasn’t in office.

      You fucking jackass.

      • @[email protected]
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        11 year ago

        Classified documents aren’t a great example, as classification authority is delegated by the executive.

        • Billiam
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          51 year ago

          There is a law that describes the process. And it exists for exactly this reason: there is no evidence the files Trump stole had been declassified, and by the time it was discovered he had them he was no longer occupying the office.

    • Jaysyn
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      71 year ago

      The very next question should have been “And if he has 1/2 of the House of Representatives killed at the same time?”

      • HubertManne
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        21 year ago

        why only half? isn’t it more efficient to kill all members of all other branches along with all identified successors?

          • HubertManne
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            21 year ago

            well maybe now but if you want to be sure then double down and clean slate that shit.

            • BaldProphet
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              41 year ago

              While you’re at it, write an executive order dissolving Congress and establishing the President as a dictator. It’s an “official act” so it should be fine, right?

              • HubertManne
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                31 year ago

                exactly. and no worries. we can still have elections. just like russia or north korea or china.

                • @[email protected]
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                  11 year ago

                  Now consider that Trump is already speaking in interviews as if he has the guaranteed immunity in his pocket…

                  He already promised he’ll take nasty revenge on his rivals, have people removed who are thwarting him now. Promises drilling drilling drilling (I assume for oil) from day one, regardless if there’s a law or rules against that which would normally need to be overturned first…

                  Somehow he is riding on the done deal he can do whatever he wants the moment he is “elected” and there will be no one to stop him.

  • @[email protected]
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    71 year ago

    Are these people really this fucking stupid? If the sitting president has total immunity and having political rivals killed is an “offical” act, then what’s stopping Biden from having Trump executed?

  • TWeaK
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    11 year ago

    The best one is that he argues only the senate/congress can rule he’s broken the law, and only while he’s president. So in his world he could assassinate someone, leave the presidency and then get away Scott free.

  • @[email protected]
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    721 year ago

    Right now, it’s looking like the Supreme Court is going to say “that’s not allowed” but do it in a way that prevents Trump from being tried before the election. This lets them say “we’re good and ethical” while protecting Trump from the consequences of his criminality:

    The Supreme Court appeared poised to reject Donald Trump’s sweeping claim that he is immune from prosecution on charges of trying to subvert the 2020 election, but in a way that is likely to significantly delay his stalled election-interference trial in D.C.

    • @[email protected]
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      201 year ago

      Well before this hearing I had the impression this SC is looking for ways to stack delay on delay without taking too much flak themselves. It showed in the weird narrow beam wording of their restrictions when they took on this case. It showed in the extra weeks they took to plan this hearing. And it is now showing in the questions they ask …

      I will not be surprised if they proclaim “a president has no total immunity, and only immunity in presidential matters, but the lower courts need to figure out if Trump’s actions were (for) personal (gain) or presidential.”

      And with that the ball is dropped and it rolled in a sewage drain where it’s hard to reach before the elections are in the rear view mirror.

      It even includes another time loop for when it eventually does resurface back on the SC’s lap for them to decide if his actions were presidential.

      But by that time there will be a “Year one Dictator”, proclaiming himself to be America’s first great dictator, while ordering his rivals to be imprisoned, indicted and or shot.

      And the people will loudly wonder, “Who is there to stop him? Where are the checks and balances?” But loudly will turn into a whimper then a whisper until it is a small voice in an empty room.

  • @[email protected]
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    591 year ago

    “The most powerful person in the world could go into office knowing that there would be no potential penalty for committing crimes,” Justice Ketanji Brown Jackson said. “I’m trying to understand what the disincentive is from turning the Oval Office into the seat of criminal activity in this country.”

    Hard to make any disincentive when the ones running for office are in the twilight of their lives. If only there were any choice to the matter.

  • @[email protected]
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    1 year ago

    I don’t get it, are they really arguing that Biden can just have Trump killed? And it would be perfectly legal!

    • @[email protected]
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      501 year ago

      No, rules only apply to the out-group.

      If Trump wins the election, the SCOTUS will agree and let Trump do whatever the fuck he wants. If he loses, then SCOTUS will not let the ruling go through. The SCOTUS will conveniently wait until after the election to make a ruling on this.

      • @[email protected]
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        251 year ago

        This.

        Plus they are arguing this knowing Biden won’t do that and so if it passed then Trump will have free rein if he wins and he will likely try to exercise that option is my guess.

        • @[email protected]
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          21 year ago

          Well no it’s dumber than that. If a president can have sometime killed he could then have someone banished or imprisoned. They’re literally arguing that the argument they’re making is pointless because a president can do whatever they want.

      • Doc Avid Mornington
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        31 year ago

        I’m not sure they can realistically run out that clock. But they can absolutely just ignore a past ruling, if they want. Also, Biden just wouldn’t do that. He’s a shit, in a lot of ways, but not that kind of shit. Buuut the important point is that this argument is effective, accurate or not. Scare the MAGAts about what Biden, or, say, a future President Alexandria Ocasio Cortez might do. It doesn’t have to be a realistic threat, just play into their existing narrative.

  • @[email protected]
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    1621 year ago

    Biden should just send Seal Team 6 to whatever courthouse Trump’s hush money trial is at and tell them to sit on the steps. If anyone asks why they’re there, just saying “Waiting for the Supreme Court ruling”. Maybe park another team on the Supreme Court steps with a sign that says “Waiting for Clarence Thomas.”

    Biden would not be committing an illegal act. He’d be ordering the teams to sit on the steps and wait. Further orders would only come after the Supreme Court ruling, so Biden would be covered by the very same Presidential immunity that Trump just fought for.

    • @[email protected]
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      721 year ago

      He pretty much has to, or else Trump will imprison him an execute him in the next 12 months.

      I mean shit, if I knew there was a fifty percent chance my neighbor would kidnap and murder me in the next year… I’d be making contingency plans.

      • @[email protected]
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        1 year ago

        Unfortunately that’s not how Democrats work. For good or for bad they stick to morality (except when it comes to Israel for God knows what reason) and they’ll take the “high road” that just so happens to lead off a cliff, but it’s the high road so they need to take it even if it means their certain death.

        We’re a joke, doomed to die for the sake of the moral high ground that we have no right to even assume we have (see previous Isreal comment.)

        Edit: but also, from the article, this isn’t the actual desire. They already got what they wanted and that was a delay.

        • @[email protected]
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          331 year ago

          I sort of agree, but at some point, Biden has to understand his own self, and his family, and all the colleagues he has worked with in his career are at risk. Trump is seriously escalating a dangerous game that only SCOTUS or Biden can put an end to. Politics is eventually violence, and Biden must know that.

          Trump is hiring expensive, smart people, to argue at the last peaceful authority in the country, that he will regain the power of judge jury and executioner. This is fucking chilling.

          • @[email protected]
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            1 year ago

            This should help left leaning voters reconsider gun restriction laws since most of them are enforced in blue areas, while red areas are all allowed to have essentially entire armories.

            If you live in New York or California, you can’t find a gun store within 100 miles of where you live that can only sell extremely restrictive features that would give the most battle hardened Navy Seal issues hitting targets, but in Idaho and Texas there’s a gun store on every fucking corner selling easy to shoot highly ergonomic firearms that allow morbidly obese boomers to effortlessly hit the dick off a fly at 1000 meters.

            • @[email protected]
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              11 year ago

              Biden actually has control of the arsenal.

              Unless you are a leftist, committed to dying in a revolution, there’s no comparison to Biden’s position. Clinton and Obama? Maybe

            • @[email protected]
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              151 year ago

              Begging to differ, I’m sitting on my toilet in California and a quick Google shows there’s 3 gun stores within 5 miles of me. I’d have to pass the legitimate restrictions (which I easily could) and one of them looks very upscale and expensive, but physical access is not a problem at all.

              • @[email protected]
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                1 year ago

                Fair point, but I’m sure you are only able to be sold a very specific set of authorized firearms, that when compared to what similar stores in other states happen to also sell; will reveal the differences are orders of magnitude.

                Case in point: a Cali compliant AR-15 is a horrible thing to shoot (I own this one).

    • @[email protected]
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      31 year ago

      Clarence: “I was watching a porno about this just this morning… I will meet you gentlemen in my chambers in 5 minutes.”

    • TimeSquirrel
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      1 year ago

      While funny to imagine…please let’s not. I got a kid to raise, I don’t want to raise one in a civil war. I know for sure some of the “SEAL team 6” members wouldn’t very much like being turned on government officials, especially if their politics align.

      • @[email protected]
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        41 year ago

        To be a seal, you will do what orders you are given. They aren’t going to go rogue. The ones that will are the cannon fodder anyways.

    • @[email protected]
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      1 year ago
      1. Conservative justices rule that the president is immune from prosecution

      2. President has conservative justices assassinated

      3. President appoints more progressive justices

      4. Progressive justices reverse ruling

      Would the president be liable for the prior assassinations at that point?

      • @[email protected]
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        161 year ago

        Not a lawyer but I wouldn’t imagine so. Anybody who got an abortion in Arizona prior ro Dobbs isn’t suddenly being charged with child murder (I hope)

          • @[email protected]
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            61 year ago

            The father of the F-16, John Boyd, would tell up and coming officers that in their career they would have to face choices where they could do something or be somebody. And we are facing the consequences of having our country’s leadership full of people who wanted to be somebody.

    • @[email protected]
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      11 year ago

      Not some random courthouse. Just the steps of the Supreme Court.

      Decisions like this should have immediate consequences for those deciding. If you want to make the President above the law, well, enjoy your stay in Gitmo.

    • TWeaK
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      11 year ago

      Is the President also in charge of the Secret Service?

  • AutoTL;DRB
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    41 year ago

    This is the best summary I could come up with:


    In another hypothetical, Justice Elena Kagan asked if the president would be immune from prosecution if he sold nuclear secrets to a foreign adversary.

    In February, D.C.’s Federal Court of Appeals summarily rejected the arguments made by Trump’s attorneys — including that the president would be protected from prosecution even if he had his political opponents assassinated.

    The three-judge panel unanimously determined that Trump is not shielded from prosecution for potential crimes committed in office related to the subversion of the 2020 election.

    Trump has long been ranting about the matter in his public statements and on social media, effectively making the immunity issue a plank of his presidential campaign.

    Despite Trump’s public insistence that he deserves widespread immunity, his own legal team seems prepared to have their claims rejected by the highest court in the land.

    “We already pulled off the heist,” one source close to Trump said, adding that regardless of what the court decides, they’ve already managed to severely stall the DOJ’s election interference case.


    The original article contains 806 words, the summary contains 168 words. Saved 79%. I’m a bot and I’m open source!

  • acargitz
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    441 year ago

    The right question to ask is whether the president can decide to assassinate a supreme court justice. Then it becomes plenty clear to the supreme court fucks how obviously insane the rationale is.

    • @[email protected]
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      31 year ago

      Thing is, they are asking the questions and I rather suspect that they don’t want to put that out there.