• Deello@lemm.ee
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    1 year ago

    Hypothetically speaking, let’s say Biden publicly assassinates Trump. Takes credit for it and everything. Does that mean that the court would be forced to decide on presidential immunity thus fast tracking the decision that presidents are in fact NOT kings. Who cares about the failed usurper when we have a full blown king slayer to punish.

    The conservatives on the Supreme Court wouldn’t allow a Democrat to get away with this blatantly illegal act. So if we force their hand maybe things play out differently. Presidential immunity should have limits and not allow free reign while in office.

    The whole premise of presidential immunity seems purpose built for the next round of fascist/authoritarian candidates. With that in mind, Trump feels like the beta test finding where the road blocks are and taking them down before the real danger starts. Realistically, Trump isn’t smart enough to do any real damage by himself. The biggest danger was always the people he surrounded himself with.

    • mister_monster@monero.town
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      1 year ago

      Presidential immunity does have limits. Congress is the court that can prosecute him for crimes committed while in office. That’s what impeachment is.

      • mikezane@lemmy.world
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        1 year ago

        What if the president detonates a bomb in Congress of finds some other way to kill the members who would impeach the president? Then they can be president for life.

        • mister_monster@monero.town
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          1 year ago

          That sucks? Doesn’t change the rules, although I think if a president did something that destructive to the government of the US then the rules no longer apply and we are in military coup treason tribunal territory.

      • assembly@lemmy.world
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        1 year ago

        That doesn’t work as a Republican controlled congress and president would then have impunity to perform whatever atrocities they like. It’s a big reason we have a coequal judicial branch.

      • Deello@lemm.ee
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        1 year ago

        Trump’s whole argument is that there are no limits to presidential immunity. Even after 2 impeachments and a coup attempt. The courts are dragging their feet making a decision. My hypothetical involves forcing the supreme court to rule on that claim on someone who isn’t Trump.

        • mister_monster@monero.town
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          1 year ago

          Yeah, it’s an interesting hypothetical. But it’s important to remember, this isn’t Trumps argument, it is longstanding precedent. The president up until now has not been subject to criminal proceedings for conduct in office outside of impeachment. It was long held by everyone in government, not just some party, that the government can be held civilly liable for executive actions but that the president cannot be held personally or criminally liable except to congress. Whether you think he deserves to face criminal charges or not, fact is this breaks from that and will seriously change the way the government functions, it will have far reaching consequences. You may think this is a good thing, Trump argues that it isn’t as has every president before him, but it will absolutely fundamentally change the way the government works if he isn’t ruled to be immune by the court.

    • Itsamemario@lemmy.world
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      1 year ago

      Hypothetically speaking, the conservative Supreme Court justices could be included in the official order from Biden… Wouldn’t have to worry about the conservative justices making the wrong decision then…