this post was submitted on 02 Jul 2024
640 points (98.8% liked)
United States | News & Politics
7209 readers
373 users here now
founded 4 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Would it be legal for Biden to assassinate them? Asking for a friend.
Don't ask for permission, ask for forgiveness.
And if you're the president, forgive yourself.
Only if he orders the CIA to do it, it's a personal act if he does it himself
He could declare the new Department of No Malarkey, appointment himself Chief DeMalarkier, and then declare a Malarkey Ceasing Spree.
Listen here Jack!
I am Jack's mathematically flawed voting system.
I get gerrymandered, I kill Jack.
Yes
No, because if he did, he would appoint new justices that would strike down the "presidents are kings" ruling.
Cowabunga it is then
How are her feet so small??
Only in so much as the Supreme Court decides that it is "legal".
So the details are that the Supreme Court left it open to interpretation as to what could be considered an "Official Act". If the Supreme Court decides your murder spree is an "Official Act" you are good to go.
So if the Supreme Court Justices are conservative when Biden goes to trial, then yes, he can be found guilty.
Assassination is a good thought experiment because of this. It is literally up to "someone" to decide if X act was official.
And that someone will more than likely be the Supreme Court for a lot of things.
As much as I hate the political drama, Biden really needs to do something completely ridiculous to show everyone that this ruling isn't sustainable.
He won't though. And this shit will drag on and spiral with no checks.
I bet if you killed everyone on the court and in the legislature and replaced them with your personal sycophants, they would probably agree it was an 'official act'
That's basically the entire republican plan. It's all spelled out in Project 2025. Literally replacing the entire government with Trump loyalists, and military tribunals for anyone who cannot be directly fired and replaced. Trump has even said that Mitch McConnell is going to be tried in front of a military tribunal.
As a note here, military tribunal means no due process, and no defense. Just straight to the guilty verdict and death penalty.
It if they're dead, tho...
Oh yeah, he could kill them all and then appoint a bunch of new very brave conservative justices.
It's highly unlikely, but it's funny to think about.
Literally anything except getting rid of First Past The Post voting. Meat is back on the menu boys!
I realize you're likely being rhetorical, but in case you or any other users are actually curious, the fact of the matter is that criminal acts, including assassination, are not protected by presidential immunity. Here's a breakdown:
Official Acts are things the President does as part of their job, like signing laws, directing the military, and managing foreign policy.
Criminal Acts are illegal activities, and they are not protected by presidential immunity. Assassination is definitely illegal and falls under this category.
The Fifth and Fourteenth Amendments guarantee due process of law, meaning that the government cannot deprive anyone of "life, liberty, or property" without fair legal procedures and protections. Additionally, Executive Order 12333, explicitly prohibit the U.S. government from engaging in assassination.
In Nixon v. Fitzgerald (1982): The case granted the President immunity from civil damages for official acts, but clarified that this doesn't apply to everything a President does. Unofficial acts, like crimes, are not protected.
In Youngstown Sheet & Tube Co. v. Sawyer (1952): The Supreme Court ruled that President Truman's seizure of steel mills was unconstitutional. Even though it was for "official use" and it was for "the good of the country" it was nevertheless deemed not part of his presidential powers and therefore not covered.
Presidential immunity protects certain official actions, but it doesn't cover illegal activities. Assassination would be an unofficial act and is definitely prosecutable.