this post was submitted on 09 Jan 2024
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US presidents cannot be prosecuted for selling pardons or assassinating political rivals through SEAL Team Six, personal Trump lawyer John Sauer argued Tuesday

Advancing a sweeping interpretation of executive immunity, Donald Trump’s attorney told a federal appeals court on Tuesday that U.S. presidents could not be prosecuted for selling pardons or assassinating political rivals through SEAL Team Six.

Trump’s lead attorney D. John Sauer argued that only a president who has been impeached and removed from office in a Senate trial potentially would be subject to prosecution for those kinds of alleged crimes.

A three-judge panel appeared extremely skeptical of Trump’s vision of absolute immunity, sharply questioning and interrupting Sauer during the opening minutes of the oral arguments with the former president himself sitting nearby.

“Could a president order SEAL Team Six to assassinate a political rival? That’s an official act–an order to Seal Team Six,” U.S. Circuit Judge Florence Pan asked Sauer.

“He would have to be, and would speedily be, you know, impeached and convicted before the criminal prosecution,” Sauer replied, setting a pre-condition for such prosecution in Pan’s hypothetical.

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[–] SnotFlickerman@lemmy.blahaj.zone 229 points 10 months ago* (last edited 10 months ago) (6 children)

So this means its open Trump hunting season for Biden, right? It is totally legal and cool for him to assassinate Trump, right??


Of course we all know they intend for this argument to only apply to Trump.

[–] Carighan@lemmy.world 57 points 10 months ago (1 children)

Stuff like this is what I wish would happen.

Like the german nazi party desperately wants more people to be evicted from Germany, I say great, evict the AfD politicians and their voters! Wooot! Everyone happy!

[–] SnotFlickerman@lemmy.blahaj.zone 58 points 10 months ago* (last edited 10 months ago) (1 children)

Right, when the right wing fuckos trot out their obviously bad-faith arguments, we should be taking to them to their logical fucking conclusions right the fuck away.

It would be beautiful to see the entire Republican wing of the house pissing themselves and losing their shit knowing that an assassin from Biden could get them at any moment. Especially after the first few drop and Biden just says "it's me, it's totally legal and cool, right?" Also making sure to drop the first 20-or-so at the same time so right after it happens the Dems have a majority in both the House and Senate so no Republican can actually bring a vote for impeachment.

They'd be screaming bloody murder because the only thing they actually care about is their own skins.

[–] AbidanYre@lemmy.world 17 points 10 months ago

Nah, let them keep a majority in the house. They vote to impeach, the Senate acquits, then he goes for round two...

[–] werefreeatlast@lemmy.world 30 points 10 months ago (2 children)

Trump is not a very good walker. Very weak steps. Maybe it will be a sort of accident? Is that the ruzzian way or what?

[–] einlander@lemmy.world 11 points 10 months ago (1 children)

Very weak steps by the very low window in the very tall building.

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[–] FlyingSquid@lemmy.world 7 points 10 months ago

I know Elmer always lost, but I still want to see Trump being chased by Biden with a rifle like Elmer Fudd. Real life doesn't have to imitate the cartoon.

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[–] TheDoozer@lemmy.world 91 points 10 months ago* (last edited 10 months ago) (1 children)

Here's a better question, Judge Pan.

Could a president order Seal Team Six to assassinate unsympathetic judges, either of an appeals court or the Supreme Court itself, since that's an "official act?" Because that might be something worth considering.

[–] FlyingSquid@lemmy.world 9 points 10 months ago* (last edited 10 months ago) (1 children)

This argument would, in fact, suggest that the president could order a judge assassinated. And I'm guessing the appeals court knows that.

[–] winky88@startrek.website 8 points 10 months ago

Like every other grand ol' projection, I believe this should be interpreted as a threat of things to come, not academic speculation.

[–] Son_of_dad@lemmy.world 88 points 10 months ago (3 children)

Then they're saying it would be legal if Biden assassinated Trump right now.

[–] Godnroc@lemmy.world 50 points 10 months ago

Either his actions were treason and the sentence is death or his actions as president were untouchable in which case the president can shoot him without reprise. What a dangerous precedent to set!

[–] undercrust@lemmy.ca 17 points 10 months ago

Sounds like these legal arguments are a win-win for anyone who isn't Trump then

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[–] JustZ@lemmy.world 80 points 10 months ago (3 children)

“Could a president order SEAL Team Six to assassinate a political rival? That’s an official act–an order to Seal Team Six,” U.S. Circuit Judge Florence Pan asked Sauer.

“He would have to be, and would speedily be, you know, impeached and convicted before the criminal prosecution,” Sauer replied, setting a pre-condition for such prosecution in Pan’s hypothetical.

Unless it's a Republican, he means.

This is their plan for every election, administrative, and legal matter: let Congress decide.

A body they can buy bribe and beleaguer.

[–] AbouBenAdhem@lemmy.world 42 points 10 months ago

This is their plan for every election, administrative, and legal matter: let Congress decide.
A body they can buy bribe and beleaguer.

Or “legally” assassinate opposing members before the impeachment vote.

[–] ReallyActuallyFrankenstein@lemmynsfw.com 24 points 10 months ago (1 children)

“He would have to be, and would speedily be, you know, impeached and convicted before the criminal prosecution,” Sauer replied, setting a pre-condition for such prosecution in Pan’s hypothetical.

It's so hilarious that this is the response. Just like Republicans "speedily" impeached Trump after he mounted an insurrection?

[–] Evilcoleslaw@lemmy.world 14 points 10 months ago

It's even worse as the President could dial up air strikes on the Capitol to kill them all and it's all very legal and very cool.

[–] Evilcoleslaw@lemmy.world 22 points 10 months ago (2 children)

“He would have to be, and would speedily be, you know, impeached and convicted before the criminal prosecution,”

Then he could assassinate them all, continually, until Congress is packed with people so afraid they'll be killed if they step out of line and there's no legal recourse. Just like the Founding Fathers intended...

[–] JustZ@lemmy.world 7 points 10 months ago

Obviously the intent of the founding fathers and the people is that insurrectionists cannot be permitted on a ballot, not by any officer of any court or state.

It's the same as the Fourth Amendment. If the prohibition on warrantless search and seizure has any meaning at all, it is a command to every law officer, attorney, and judge, as to how they must do their part of their job in the matter, and that rule is that: if the constable blunders, the criminal must go free. The remedy is implied by the text, because if it's not the text doesn't mean shit.

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[–] cabron_offsets@lemmy.world 64 points 10 months ago (2 children)
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[–] paddirn@lemmy.world 60 points 10 months ago (2 children)

Man, why did Nixon even bother resigning? Why was Clinton or Trump even impeached? They were obviously immune from ever doing anything wrong, ever. The Presidency exists completely outside of the normal checks and balances in our government, the President can just do whatever they want.

[–] Cylusthevirus@kbin.social 10 points 10 months ago

Well being President is sort of like being a Star. And as well all know, if you're a Star they let you do it. Orange Julius was talking about underage pageant contestants at the time, but I think the same principle applies here.

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[–] theodewere@kbin.social 50 points 10 months ago (1 children)

he can go live in Russia if that's the kind of "President" he wants

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[–] Lemminary@lemmy.world 46 points 10 months ago (2 children)

The US really needs to sit down and decide what the president can and cannot do. It won't be the last time magats try this shit.

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[–] _haha_oh_wow_@sh.itjust.works 33 points 10 months ago

Completely fucking insane...

[–] Nougat@kbin.social 29 points 10 months ago (1 children)

Pan reframed the question to include a hypothetical where a president ordered assassination and then was not impeached, and Sauer still hung on to "impeachment has to happen first."

[–] SnotFlickerman@lemmy.blahaj.zone 51 points 10 months ago (1 children)

So Biden hunting down the entire GOP House for sport is up for grabs, then. It's not a coup, it's part of his official duties!

[–] Nougat@kbin.social 28 points 10 months ago (1 children)

This is exactly one of the scenarios that Jack Smith offered as an example of why this kind of immunity is ridiculous.

[–] SnotFlickerman@lemmy.blahaj.zone 16 points 10 months ago* (last edited 10 months ago)

I'll just say that I have more hope and faith in Jack Smith than I was ever able to muster for fucking Robert Mueller, who had his own shady history with the railroading of Bruce Ivins over the Anthrax scare in the Bush era.

To my knowledge, despite the mountains of evidence to prove that Ivins was not "their man" the FBI continues to hold that they were correct.

Smith has proven himself to be a more serious contender than Mueller.

[–] dangblingus@lemmy.dbzer0.com 24 points 10 months ago (1 children)

If we have to debate this much whether or not a President should stand trial for criminal charges, I think he did it.

[–] abraxas@sh.itjust.works 11 points 10 months ago

, I think he did it.

At this point, we're way past that line of the narcissist's prayer

[–] Ghyste@sh.itjust.works 22 points 10 months ago

An individual allowed to do anything without consequence is a dictator, not a president.

[–] vexikron@lemmy.zip 22 points 10 months ago* (last edited 10 months ago)

And so after years upon years upon decades of rhetoric from Republicans warning about the growing power of the Executive and the abuses of the Executive by FDR...

... uh, nevermind all that apparently, if our guy is in charge he should be able to just unilaterally assasinate political rivals.

You know. Like anyone that would vote to impeach him. For assassinating political rivals.

This is literal baby brain logic that actual Elementary School Children could probably understand is stupid.

Hooray for living in Clown World, the dumbest possible timeline.

This is basically logic that can only possibly have come from serious QTard Syndrome, Terminal Stage. Its the only way possible for /the Storm/ to actually happen.

[–] trackcharlie@lemmynsfw.com 19 points 10 months ago

So did the USA become a joke during 45's presidency or before?

[–] dangblingus@lemmy.dbzer0.com 19 points 10 months ago (1 children)

Can a lawyer be disbarred for advocating for the dissolution of the Rule of Law?

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[–] Tremble@sh.itjust.works 15 points 10 months ago (1 children)

Seal team six perched in the rafters during the state of the union address.

Biden: And now I will receive a round of applause from my good Republican colleagues. Clap, motherfuckers!

[–] charonn0@startrek.website 15 points 10 months ago

Which is why it's a batshit insane idea.

[–] AllonzeeLV@lemmy.world 14 points 10 months ago* (last edited 10 months ago)

Remember, his base sees this as strength.

They don't care about the means, they want a "strongman" to kill the Americans they see as their enemies for them.

Modern Republicans don't give a two shilling shit about democracy, they'd rather have an authoritarian so long as it's an authoritarian they're deluded into believing represents their interests.

Just in case anyone thinks these remarks might make him lose a single vote.

[–] badaboomxx@lemmy.world 12 points 10 months ago

I agree, and at the same time I wonder what the current president could fix the issue with the former? I mean, the current president has immunity right? /s

[–] Smacks@lemmy.world 10 points 10 months ago (2 children)

Trump is literally scraping the bottom of the barrel when it comes to attorneys

[–] n3m37h@lemmy.dbzer0.com 4 points 10 months ago

Ugh, Trump dug through (metiphorically, guy couldnt actually dig) the bottom of that barrel and is now into the earths mantle

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[–] Zoots@lemmy.world 7 points 10 months ago (1 children)

Trump’s lead attorney D. John Sauer argued that only a president who has been impeached and removed from office in a Senate trial potentially would be subject to prosecution for those kinds of alleged crimes

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[–] queermunist@lemmy.ml 6 points 10 months ago

i.e. a preview of the next administration.

[–] blazera@kbin.social 6 points 10 months ago

Which law is that written in again?

[–] fubarx@lemmy.ml 5 points 10 months ago (1 children)

If you take that argument to the logical extreme, a President who has committed all those bad acts can:

  • Stop all investigations of said bad acts, therefore avoiding impeachment.

  • Threaten any member of the House that is thinking of voting to impeach him.

  • On the off-chance is impeached and is now waiting the verdict of the Senate, have every incentive to offer all kinds of corrupt deals (free pardons, private arms deals, etc) to Senators to buy their vote. This way, they won't be convicted in the Senate and they can keep enjoying their infinite immunity forever.

Neat-o.

[–] TechyDad@lemmy.world 6 points 10 months ago (2 children)

Or just go one step further and have all Congressional members of the opposing party killed.

Biden would never do this and I don't want him to, but let's suppose that Trump's "legal theory" is correct and Biden wakes up tomorrow thinking that he's sick of dealing with the Republicans' malarkey. He orders some military groups known to be loyal to him to round up every Republican member of Congress along with certain Supreme Court justices. They are all executed. Then Trump is brought in and executed as well.

Now what would happen? Would Biden be charged with mass murder? No, he's immune to prosecution. You need to impeach and convict him first. But nobody remains who would impeach him. So he's totally immune as he appoints left leaning Supreme Court justices and expands his "early Republican retirement program" to right leaning Federal judges.

Again, I wouldn't want him doing this, but according to Trump this would be totally legal.

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