Former President Donald Trump’s attorney on Thursday argued that a president could order the assassination of his political rival and stage a military coup without being prosecuted for it.

Jack Sauer, Trump’s lawyer, made the “absolute immunity” argument in a Supreme Court hearing in the Department of Justice election interference case against the former president. Trump’s team has repeatedly claimed that the ex-president can’t be prosecuted for “official acts” he did while in office.

Supreme Court Justice Sonia Sotomayor asked Sauer, “If the president decides that his rival is a corrupt person and he orders the military to assassinate him, is that within his official acts to which he has immunity?”

“That could well be an official act,” Sauer responded.

Sotomayor seemed taken aback at that line of reasoning.

“How about if the president orders the military to stage a coup?” Kagan asked.

“I think it would depend on the circumstances,” Sauer said.

  • driving_crooner@lemmy.eco.br
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    5 months ago

    They should have asked if the president can order the assassination of a Supreme Court Judge or a senator. Would love the justification.

  • IvanOverdrive@lemm.ee
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    5 months ago

    If I were Biden and the Supreme Court ruled it’s legal, first thing I’d do is put Trump and every justice that ruled in favor in a CIA black site. Then I’d stack the court with justices that would rule it was illegal. Because that shit cannot stand.

    • Crackhappy@lemmy.world
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      5 months ago

      I mean, there is no legal reason that Biden could not just put forth more candidates for the supreme court, right now.

      Edit: The only actual reason is because Biden is a coward.

        • Crackhappy@lemmy.world
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          5 months ago

          I’m not sure. As I said, there is no actual reason for him to not put forward more justices for the Supreme Court.

      • FlashMobOfOne@lemmy.world
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        5 months ago

        He’s not a coward.

        He’s rich, and we’re not. Carlin said it best: It’s a big club and you (meaning we in this case) ain’t in it.

  • Sterile_Technique@lemmy.world
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    5 months ago

    Huh. Well here’s a though: as Biden’s last act as president, he should just go ahead and order the assassination of Trump. It’ll rid us of Trump, and force the matter into the SCOTUS who will then need to establish precedent case law stating specifically that US presidents aren’t allowed to have political rivals assassinated… cuz apparently that’s necessary. >_<

    • SlopppyEngineer@lemmy.world
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      5 months ago

      Why not just “retire” certain members of SCOTUS first. These people should be very afraid when the new president gets into office with these rules.

  • The Snark Urge@lemmy.world
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    5 months ago

    Jokes aside, I expect they don’t care about the verdict as long as it happens after the election. That’s pretty much his only defense at this point

  • darkpanda@lemmy.ca
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    5 months ago

    “I think it would depend on the circumstances.” That doesn’t sound very absolute then, if it depends. “Absolute” means absolute, not “well actually it would depend.” I think they have a particular set of use cases in mind for this “absolute immunity” thing.

  • Hubbubbub@fedia.io
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    5 months ago

    They will definitely delay making that decision until after Biden can longer order the assassination of Trump. SCOTUS is complete shit.

  • Queen HawlSera@lemm.ee
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    5 months ago

    They’re arguing this for a reason

    Because Trump wants to get re-elected (and he probably fucking will because Americans are dumbasses and Trump is thrashing Biden in the polls right now) and when he does he’s going to assassinate political rivals.

  • foggy@lemmy.world
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    5 months ago

    Yo so does this mean paid assassin is a legal job?

    Poor Tim Lambesis… /s