• die444die@lemmy.world
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      6 months ago

      “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.

    • Snot Flickerman@lemmy.blahaj.zone
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      6 months ago

      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.

    • doubtingtammy@lemmy.ml
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      6 months ago

      The main thing you’re missing is that the words of the court are meaningless. They’ll always be able to use the next ruling to bend the outcome to the conservatives’ whims.

      This is a government of men, not laws. Always has been.

    • catloaf@lemm.ee
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      6 months ago

      “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.

    • FireTower@lemmy.world
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      6 months ago

      I don’t think assassinations of political rivals would be covered under the president’s constitutional duties.

        • FireTower@lemmy.world
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          6 months ago

          Just because national security is the domain of the Executive doesn’t mean they can use lethal force on anyone they wish in any scenario they wish in lieu of effecting arrests for alleged crimes.

          • WanderingVentra@lemm.ee
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            6 months ago

            I mean, they have to sign some paperwork to make it an official act, but otherwise what’s the difference? They don’t have to arrest anyone according to this ruling, if I’m reading this correctly. Sure, us normal citizens probably do, but according to the court, presidents don’t have to follow the law if it’s an official act. That’s kind of the basis of the dissent. It separates the rules we follow and our leaders have to follow.

            • FireTower@lemmy.world
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              6 months ago

              You might want to reread the syllabus of the opinion. They differentiate between actions that may be official and ones that can’t. About halfway down pg 4.

              The Constitution is the highest law of the land. If it explicitly says the president can do something any law stopping him from doing that would be unconditional and voided, at least as applied.

              Otherwise it would be like they amended the Constitution without going through the correct process.

          • dogslayeggs@lemmy.world
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            6 months ago

            The ruling says that INTENT cannot be questioned. The President can say whatever he/she wants after the assassination, and it cannot be questioned by courts. The Pres can say that the killing stopped an imminent terror attack. They can say the person was in the middle of committing a crime and had a (totally not planted) gun on them.

            I get what you are saying, that extrajudicial execution is not a faculty given to the executive branch. In the US, the judicial system is supposed to have the power over adjudicating crimes. And US citizens have the right to trial by their peers. But the government has shown repeatedly in the past that when it comes to terror that they are more than happy to waive rights. See: Guantanamo, drone kills of US citizens, cops killing people who are only suspected of being a threat, etc.

      • A_Random_Idiot@lemmy.world
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        6 months ago

        They’ve already argued that it is. They’ve literally argued that assassinating a political rival, while president, is an official act.