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Prosecuting a president fundamentally is a political act, and why would we think a random DC bureaucrat better qualified to make a consequential political act than the Senate itself?
Carving out some special protection strikes at the heart of the idea that everyone is equal in the eyes of the law.
The DOJ threat of criminal prosecution only becomes functional when the president becomes a private person, at which point the president no longer has the ability to act in an official capacity anyway.
As for SEAL Team 6, they have a "duty to disobey" unlawful orders[1]-- which every member of the team probably knows off the top of their heads-- and which is a much more effective real-time check on a president's authority.
[1] https://www.findlaw.com/legalblogs/law-and-life/what-is-a-mi...
There are a non trivial subset of Tier1 operators who would absolutely take whatever mission they were given by the president and do not view their role as being political
Yes it’s in the training, but it’s not something that is expected because operations like this touch hundreds of people who ARENT operators (generals, joint staff, analysis, strategic planners etc…) that teams rely on to wave that flag through the targeting and JPOE process
This is an incredibly flimsy check on power:
- What if the president uses a drone strike instead?
- What if the president staffs the military (and seal team 6) with loyalists?
- What if the president uses this power to threaten and extort officials into doing his bidding?
Now, let's play that out in real time:
Donald Trump: please kill person XYZ. Seal Team 6: Uh, no sir, that's illegal. We cannot do that. Donald Trump: the courts say I have immunity, this is an official act. Person XYZ is a threat to our country, and under the constitution I'm allowed to defend this country against all enemies, foreign and domestic. This person is a domestic enemy. Kill them. Seal Team 6: Uh, no sir, we can't do that. Donald Trump: You're fired. I'm replacing you with someone that can do what I tell them. Seal team 6: Ok, we'll kill person XYZ.
And the courts will have no problem with that, as per their ruling.
Why?
Because, and this is purely hypothetical (lol), an opponent could try and convict politicians with spurious charges to get them out of power.
Singapore’s ruling party loves this tactic. Political opponent is charged with defamation, and if fined more than $5,000, they are no longer eligible to run for office.
It’s a commonly used political weapon which is why most democracies offer immunity.
Wikipedia has a (non-inclusive) list: https://en.wikipedia.org/wiki/Parliamentary_immunity
I mean, the former governor of New York just said the New York prosecution against Trump wouldn’t have been brought against anyone else.
https://www.justsecurity.org/85605/survey-of-past-new-york-f...
Trump is flagrantly corrupt and coordinates crime through lackeys, many of which have been convicted of felonies. No, you don't catch old kingpins on the stuff you get everybody else with. There's definitely a two-tier justice system going on, but it bends in Trump's favor at every turn.
When prosecutors campaign on pursuing an individual, when such efforts are multipolar and unending, and when the sum effort looks corrupt to a large portion of the country, then it seems obvious to suggest that outrage at a resultant SC ruling, which would not have otherwise come under consideration, is crying over one's self-inflicted medicine.
I don't think that it is healthy that this was put to the SC.
But it was absolutely inevitable given the various prosecutorial efforts and the norm breaking they represent. Even ignoring the open political corruption, and lies, involving them. Though, these aspects aren't necessary to ignore.
In short, breaking norms to pursue Trump was worth the squeeze for them. They were squeezed. That's it.
Assuming that these aren't crocodile tears over a ruling that will protect others from actual accused crimes of the past, or what might come in the future. That these prosecutions weren't specifically brought to force this result. Which is entirely possible. Certainly, such a benefit will be had.
If I understand this correctly, the core effect of this is to essentially transfer the gateway through which it is possible to prosecute a president from any AG's office to Congress.
I suspect which will serve to further entrench establishment power, of which Biden's camp is a part. Presidents within Congressional graces will be effectively immune, crime or no crime. Presidents outside of them may not be so much.
Whomever lived through 2016-2020 and thinks that Trump will have some kind of Congressional carte blanche either hasn't thought this through or is being deceptive.
Compare the improbability of Trump being able to swerve out of his lane, as far as Congress is concerned, and what Obama was able to legally get away with without stirring Congress.
Now predicated on the precedent of Obama's extrajudicial action, Trump may have been able to carry out extrajudicial acts during his term. But no one who was watching thinks that anything without a precedent would have resulted in anything except another Trump impeachment.