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Immune from judicial prosecution.
Not immune from Congressional prosecution.
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This isn't a unique concept.
For example, if SEAL Team 6 improperly kills someone on a mission, they aren't prosecuted in criminal court; they are court-martialed.
There is accountability, but due to the unique nature of the profession, it has a specialized venue.
SEAL Team 6 can take care of that too
how can SEAL Team 6 even refuse a presidential order ?
Enlisted oath adds they will obey the orders of the president.
So a president or his intermediary just needs to find the right Master Sergeant. In theory.
But not to worry, there are plenty of authoritarian-friendly colonels available. Their oath doesn't prohibit them from following a president's orders.
Wrinkle: all officers and enlisted are required to refuse illegal orders. But if you do so, you better be right.
Of course, in this new United States that the Supreme Court created this week, summary executions could become a motivational tool.
https://en.m.wikipedia.org/w/index.php?title=United_States_A...
https://en.m.wikipedia.org/wiki/United_States_Uniformed_Serv...
https://www.acslaw.org/expertforum/what-the-law-of-military-...
Who ordered that code red? Not LT Weinberg, that's for sure.
That's the problem.
No different than the judiciary, right?
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I am constantly amazed by the number of new discoveries made on HN, like military coups.
Which we need to fix regardless, but in the interim it’s hard to conclude that the federal government isn’t starting to crumble under the combined weight of that problem and the general, concerning erosion of trust in expertise and institutions, and the rise of populism. The Supreme Court is very efficiently pouring gas on that fire.
However, I don't believe they would. Not after the crap the Uniparty have done for my lifetime. Any president part of the uniparty will be protected and any president against it will be persecuted. We already have seen that.
One single indiscutable example: Trump is a draft-dodger. How many troop-supporting, valor-praising Republicans support him?
Oh, another one: Trump is a liar and a filanderer. How many Republican "values-first" voters and officials have refused to vote for him?
See, the problem is some of us don't want to get to the point where we derive petty satisfaction of definitively knowing how evil someone can be. That's why we have (had) checks and balances: to prevent us from knowing -- in the most real way -- how evil someone can be. A significant check on presidential power was removed yesterday.
Where once the president was bound by law and constitution, now he is bound only by his ambition and personal moral compass.
If not so, is there a reason why not? "Murdering an oppositional politician in your own country" seems quite clean-cut bad and unjustified. I know your political system is very much "they vs us", but it can't be that bad?
So henceforth from this Supreme Court ruling, the President can call up the Attorney General ("official duties," remember) and say, "find a reason to investigate and arrest my political opponent."
That act, that conversation is now protected. And that action will be carried out, and there is no legal recourse, at least not long after much damage has been done.
At many junctures, not only the January 6 capitol riot, but many others, Trump was only prevented from disastrous anti-democratic actions by principled staff and officials around him. This time around, Trump (or any other dictatorial pretender) will not make the mistake of filling their administration with anyone but sycophants. Trump installed many federal judges. Even leaving it up to the courts to decide if something is an "official" or "unofficial" act, after the fact, is now left to fiat.
The problem is, the way things have been for the last couple of decades, many of us are not absolutely certain that the Senate would ever convict a sitting president unless it was 2/3rds of the opposite party -- which is pretty rare.
Probably, if a sitting president (regardless of party) assassinated a political rival, the Senate would convict. Probably.
They are almost certainly hyper-partisan Senators (of both parties) who would not convict a president from their own party no matter what.
The reasons for that would be multiple... greed, fear, a weird sense of loyality to the person, or even just a warped view of reality.
For example, if you thought Trump was Hitler 2.0 coming to take over the government and hunt down minorities and LGBTQ people, then you might feel justified in doing anything possible to prevent that -- including assassination.
It doesn’t map on in obvious ways to what you see in Europe. In Denmark, for example, immigration was a political issue. When it turned out the people wanted to restrict immigration, the left of center government supported “far right” immigration restrictions.
In America, a large part of the left sees immigration as a moral issue, not a political one. When Trump was first inaugurated, the left refused to even accept Trump as legitimate because of his opposition to immigration. Hilary Clinton called his supporters “deplorables” and said he was “illegitimate.” This was long before any of the bad things he did.