A2SG
Gumby
- Jun 17, 2008
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From Trump's motion to dismiss: To ensure the President may serve unhesitatingly, without fear that his political opponents may one day prosecute him for decisions they dislike, the law provides absolute immunity “for acts within the ‘outer perimeter’ of [the President’s] official responsibility.”I don't think the SCOTUS will affirm the argument either....because Trump’s lawyers never made it.
That's the argument.
The question was regarding the limits of "absolute immunity" that Trump argued for. That, absolute immunity, is the argument I was referring to.It was a purely hypothetical question posed by a judge to one of Trump's lawyers....not an actual argument he made.
So where is the limitation preventing a president from taking this action against a political opponent?One has to read the article itself to understand the title of the article is mere click bait and the first two paragraphs so strangely worded that it is arguably deliberately confusing. From the article provided by the OP....
Former President Trump’s legal team suggested Tuesday that even a president directing SEAL Team Six to kill a political opponent would be an action barred from prosecution given a former executive’s broad immunity to criminal prosecution.
The legal basis for this is found in the fact that yes....presidents have ordered the assassination of USA citizens abroad....without a trial or even attempted capture. This is typically done by drone strikes though....not Seal Team Six. They're a bit too recognizable. It would be more of a job for Delta or CIA contractors or CIA Special Operations Division than SEAL Team 6. That's only in situations where a drone strike is unavailable or unlikely to leave an identifiable body.
If the political rival were a member of a terrorist organization or working with a or on behalf of a foreign government to undermine US national security...then the fact that they are a political rival means little.
You seem to be assuming there are limitations to the absolute immunity Trump is arguing for. What are they? Where are they specified?
The argument was for immunity from prosecution for criminal acts.The hypothetical was presented to Trump attorney John Sauer who answered with a “qualified yes” that a former president would be immune from prosecution on that matter or even on selling pardons.
The first sentence here makes it rather clear that the question was one that was purely hypothetical, and asked of Trump's lawyers by a judge. It was not an "argument" put forth by a defense attorney such as "self defense" or "insanity".
The judge didn't come up with the charges. The prosecution did. Trump is arguing to dismiss the charges based on an argument for absolute immunity. That argument was denied by the judge, and denied when that decision was appealed.So I agree...it's unlikely that the judge will rule in favor of a hypothetical limitation on presidential immunity that the judge himself came up with and was never a part of the defenses argument.
Trump has appealed to the Supreme Court, based on the same argument.
You're the only one pretending here.It's fun to pretend though, isn't it?
Or, at least, you seem unclear on what's going on here. I suggest you do some reading on the subject.
-- A2SG, I'll even give you a place to start....
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