this post was submitted on 30 Apr 2024
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Could Biden order Trump's execution and win the next election?

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[–] Tehhund@lemmy.world 81 points 6 months ago (18 children)

Theoretically, Biden could do it and not be prosecuted.

But if he ordered a member of the military to do it, they are required to refuse illegal orders. I don't know the rules about illegal orders but I bet this would fall under that. At the same time, the President can pardon people convicted in military court so that's not much of a deterrent.

Similarly if he ordered a civilian (say, CIA) to assassinate Trump, that person could be tried. But again, the President's pardon power makes federal charges not much of a threat.

BUT — the President cannot grant pardons for convictions in state courts. So anyone involved would be in trouble if it happened in a US state. And if the Supreme Court did not make the President immune from state-level prosecution, Biden could be tried for being involved... but it seems unlikely that they would go for "the President is immune from federal prosecution but not state prosecution."

Of course, all this show how insane and dangerous the idea of Presidential immunity is. It's a terrible idea.

[–] MxM111@kbin.social 7 points 6 months ago (1 children)

What about DC as opposed to a state?

[–] Tehhund@lemmy.world 11 points 6 months ago (2 children)

I am super duper NOT an expert but I believe the President can pardon crimes in DC, so that would get around the state court issue. Same for outside the US: I'm not sure states can punish crimes outside of the US. Even if they can, they may not have laws on the books to handle that sort of thing.

[–] MxM111@kbin.social 7 points 6 months ago

It is much more likely to find Trump in DC, than abroad. That was the motivation to my my question.

[–] magnetosphere@fedia.io 3 points 6 months ago

The next time I need to qualify a statement, I will steal the phrase “I am super duper NOT an expert”. Thanks in advance.

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