this post was submitted on 02 Jul 2024
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No Stupid Questions

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If inciting an insurrection towards their own government is an action without legal repercussions, I don't see how the law would be less lenient about straight up firing a gun at an opponent.

I by no means want any party to resolve to violent tactics. So even though I play with the thought, I really don't want anything like it to happen. I am just curious if it's actually the case that a sitting president has now effectively a licence to kill.

What am I missing?

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[–] fubo@lemmy.world 145 points 4 months ago* (last edited 4 months ago) (34 children)

The immunity from criminal prosecution has to do with official acts, not personal acts. It wouldn't apply to Biden personally shooting Trump.

It would apply to a military proclamation as commander-in-chief that the Trump movement is a domestic insurrectionist movement that carried out an armed attack on the US Congress; that the Trump movement thus exists in a state of war against the United States; and directing the US Army to decapitate the movement by capturing or killing its leaders, taking all enemy combatants as prisoners of war, etc. (Now consider that the Army is only obliged to follow constitutional orders, and would have Significant Questions about the constitutionality of such an order.)

Further, the immunity is only from criminal prosecution and would not protect Biden from impeachment and removal from office by Congress while the Army is still figuring out whether the order is constitutional.

[–] snooggums@midwest.social 37 points 4 months ago (6 children)

He can just pardon himself if he shoots Trump because he has immunity when issuing the pardon, since that is an official act.

[–] gramathy@lemmy.ml 7 points 4 months ago

Not just an official act, it’s explicitly a constitutional power which is given absolute immunity.

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