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submitted 2 days ago by [email protected] to c/[email protected]

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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[-] [email protected] 9 points 1 day ago

Answer: they would react differently if it were Biden versus Trump who did it. The SCOTUS would find a way to let Trump off while making Biden pay.

[-] [email protected] 32 points 1 day ago

It has to be an official act within the scope of the executive branch. So he couldn't just bring a gun and shot him, however he could direct the justice department to focus on domestic terrorism and cite Trump's threats for political retribution as a terroristic threat and have him and every other Republican who publicly agreed with him disappeared.

[-] [email protected] 5 points 1 day ago

Trump is arguing that his twitter was "official communications", and thus can't be used in court. This means that the 34 felony convictions might go away now.

But the truth is that the Supreme Court didn't say that every "official act" was immune from consequences. The more nuanced reading is that any act that the Court declares official is immune from consequences.

The Conservatives on the Court declared the president King, but only when they feel like it.

[-] [email protected] 10 points 1 day ago

Can we book this in for 10:30 tomorrow?

[-] [email protected] 17 points 1 day ago

The immunity only applies to Republican presidents.

[-] [email protected] 38 points 1 day ago

Bring his own gun? Unofficial act. Have the DOJ black bag his opponent and rendition him to a CIA camp in Saudi Arabia? Official act and immune.

[-] [email protected] 13 points 1 day ago

You just need to pull the "it was in the best interest of the United States" card and it's an official act.

[-] [email protected] 4 points 1 day ago

Well then why hasn't he done it.. I can't think of something of a more positive interest than to dump trump down a hole.

[-] [email protected] 6 points 1 day ago

because biden (and the democratic party in general) are a bunch of cowards who think that they will prevail simply by taking the high road. Fascism was never defeated by strongly worded speeches or political actions, it always took blood.

[-] [email protected] 1 points 1 day ago

You are right. They really live in a fantasy land.

[-] [email protected] 2 points 1 day ago

It’s not currently in the best interest.

IF Trump wins the election then it would be in the best interests of the US. It would be akin to a judge throwing out a juries verdict because the jury clearly made the wrong decision.

[-] [email protected] 6 points 1 day ago

I think the Secret Service detail assigned to Trump might have a problem with that. I think Biden killing Trump or canceling the election would be a gift to the Republicans that they don't need. One can dream though.

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[-] [email protected] 80 points 2 days ago

Because what they really did was set themselves up as the ones who decide what is and isn't an official act.

As long as there is a right-wing supreme court, any action by a republican president will be official and immune, but if a democratic president tried to throw their weight around in the same... They'll get shut down.

[-] [email protected] 27 points 2 days ago

Simply replace the SC judges in an official act.

[-] [email protected] 19 points 2 days ago

Wait, maybe the justices just gave Biden the authority to do just that.

...

Naw. See, if he did, that'd delegitimize the presidency and cause a constitutional crisis.

But, if a Republican President does it, it's an exercise in upholding American freedom and the true authority of the office. See the difference?

[-] [email protected] 7 points 2 days ago

I would rather have the presidency delegitimized than take the gamble.

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[-] [email protected] 7 points 1 day ago

That’s the perfect! That’s why we nominate someone of Bidens age. Not only can he get away with it now as an “official act” but by the time the next court rules on it, he’ll be long gone

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[-] [email protected] 66 points 2 days ago

Declare a national security emergency. Have the SEALS eliminate Trump for being a traitor. Bing bang boom, America is Great Again.

[-] [email protected] 28 points 2 days ago
[-] [email protected] 12 points 1 day ago

Yeah, I mean if we're going to the store you might as well get a cart full right?

[-] [email protected] 3 points 1 day ago

“In a 1 to 9 decision, Biden opened 6 seats in the Supreme Court today, citing official business.”

[-] [email protected] 54 points 2 days ago

They did not say that he was immune. They said that the president has immunity for certain acts. What acts? Whatever acts they, the SCOTUS, decide they should be immune from. So Biden could shoot Trump dead but the court would rule that that was illegal because some bullshit reason.

[-] [email protected] 22 points 2 days ago

So... Biden could target SCOTUS as being treasonous & appoint new justices under immunity with the three remaining liberal justices quickly ruling he has executive privilege to do so?

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[-] [email protected] 15 points 2 days ago

So Biden could shoot Trump dead but the court would rule that that was illegal because some bullshit reason.

Ah! But with what evidence? They also ruled that presidential conduct (paraphrasing here) can't be used as evidence.

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[-] [email protected] 15 points 2 days ago

That court also wouldn't be able to have the president arrested. He would need to be impeached and removed from office before any of that could happen.

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[-] [email protected] 141 points 2 days ago* (last edited 2 days ago)

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.

[-] [email protected] 56 points 2 days ago

That sounds both crazy and not actually wildly far fetched. If the tables were turned and Trump was in the position of having the power to declare Biden's movement as an enemy and carry out violent ways to stop them, I would almost expect it to happen.

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[-] [email protected] 36 points 2 days ago

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

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[-] [email protected] 9 points 1 day ago

A lot of discussion on Lemmy forgets that a very large number of people actually support that Piece of Shit Donald Trump. Tens of Millions. Some of them are begging for a civil war. Killing Trump publicly would be a spark to a great flame.

[-] [email protected] 6 points 1 day ago

America is already doomed anyway. Trump is going to win because biden is an unlikable person and nobody really feels inspired to vote for him. and somehow Trump is more popular.

when trump gets elected, america is going to hell in a handbasket. trump will be god-emperor until he croaks, then the next crazy in line will take over. It's time to start preparations to abandon ship.

[-] [email protected] 12 points 1 day ago

He doesn’t even have to shoot anyone. Whoever interferes with an official act is clearly committing treason and can be sent to Gulag

[-] [email protected] 7 points 1 day ago

Trump could bring his own gun and shoot him and the Court would still call it official.

[-] [email protected] 6 points 1 day ago

When you own the people that make the laws. You are above the law. So yes. Trump could 100% get away with it. One of the few things he's said that wasn't a lie.

[-] [email protected] 71 points 2 days ago

don't be ridiculous; it says official acts, so he can't bring a gun himself.

he has to use seal team 6 instead. see? democracy isn't dead!

[-] [email protected] 27 points 2 days ago* (last edited 2 days ago)

"As an official act as President, I have issued an Executive Order that I blast Trump in the face."

Boom, checkmate libruls

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[-] [email protected] 32 points 2 days ago* (last edited 2 days ago)

He must say: "This debate is officially over" before pulling the trigger.

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[-] [email protected] 24 points 2 days ago

Acts done in an official manner are immune. So for example if the president orders assassination of political leader of another country (what Trump did with Iran's Suleinami (I'm probably butchering name)). Protects president from prosecution for murder or whatever if there is evidence it was done in the interest of the state.

Another example is something Biden / Trump and even Hilary are guilty of. The misuse or mishandling of classified materials. Since they are acting in an official manner, it isn't a crime like it would be if a normal citizen mishandled the documents.

Acts done in an "unofficial manner" are not immune. So let's say a Mr President does some insider trading while president to enrich himself personally. That presumably would still be illegal and he could be charged.

So who decides what is official and what isn't? The courts. Lower courts make a determination and presumably it would go up to the SC if necessary.

It's an interesting question. For example- Reagan's Iran-Contra episode. Where his administration was smuggling cocaine in order to get money to covertly supply weapons to Iran. Would that be official or unofficial?

I think people need to realize the president has had broad powers to do a lot of dubious things for decades. This doesn't necessarily increase or decrease his power, but creates a potential pathway to either prosecute or acquit him. Whereas before, it always stayed in the legal gray zone (in Reagan's Iran Contra)

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[-] [email protected] 21 points 2 days ago* (last edited 2 days ago)

The supreme cunts can just change their ruling whenever they feel like it, so as long as it's their boss tRump it's fine but anyone ~~they~~ tRump doesn't like they'll just make another decision saying you can't do that anymore.

[-] [email protected] 26 points 2 days ago

sitting president has now effectively a licence to kill.

Just think about how many wars they have started: They had this license all the time!

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[-] [email protected] 32 points 2 days ago

His own devotion to ineffectiveness.

[-] [email protected] 5 points 1 day ago

Pardon my ignorance but did the court say that inciting an insurection is an official act?

[-] [email protected] 9 points 1 day ago

No, but the court says you can't question the president's motive when they say it was an official act.

[-] [email protected] 34 points 2 days ago

You're not missing anything. Based on the ruling, the president may now murder anyone they want - just so long as they claim it's an official act.

[-] [email protected] 30 points 2 days ago

They can also pardon themselves if it isn't an official act, since their pardon power is an official act.

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this post was submitted on 02 Jul 2024
448 points (96.1% liked)

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