this post was submitted on 01 Jul 2024
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[–] A_Random_Idiot@lemmy.world 139 points 9 months ago (7 children)

And they've also argued that ordering assassinations of political rivals are official acts.

So now Biden has the best opportunity of all time to clean and prevent the fascist right wing usurpation of the nation.

[–] Blackbeard@lemmy.world 80 points 9 months ago* (last edited 5 months ago) (5 children)
[–] die444die@lemmy.world 61 points 9 months ago

“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune,” Sotomayor wrote.

[–] doubtingtammy@lemmy.ml 31 points 9 months ago* (last edited 9 months ago)

The main thing you're missing is that the words of the court are meaningless. They'll always be able to use the next ruling to bend the outcome to the conservatives' whims.

This is a government of men, not laws. Always has been.

[–] catloaf@lemm.ee 19 points 9 months ago

"When the president does it, that means that it is not illegal."

Of course that's only for Republican presidents. The Supreme Court has already shown that they don't care about precedent, so if Biden does something, it'll come back up and they'll find it was not an official act and can be prosecuted, no matter what it was.

[–] FireTower@lemmy.world 5 points 9 months ago (2 children)

I don't think assassinations of political rivals would be covered under the president's constitutional duties.

[–] Blackbeard@lemmy.world 46 points 9 months ago* (last edited 5 months ago) (1 children)
[–] FireTower@lemmy.world 4 points 9 months ago (4 children)

Just because national security is the domain of the Executive doesn't mean they can use lethal force on anyone they wish in any scenario they wish in lieu of effecting arrests for alleged crimes.

[–] grue@lemmy.world 21 points 9 months ago

Yes it does. That's exactly what they just ruled.

[–] WanderingVentra@lemm.ee 16 points 9 months ago* (last edited 9 months ago) (1 children)

I mean, they have to sign some paperwork to make it an official act, but otherwise what's the difference? They don't have to arrest anyone according to this ruling, if I'm reading this correctly. Sure, us normal citizens probably do, but according to the court, presidents don't have to follow the law if it's an official act. That's kind of the basis of the dissent. It separates the rules we follow and our leaders have to follow.

[–] FireTower@lemmy.world 4 points 9 months ago* (last edited 9 months ago) (2 children)

You might want to reread the syllabus of the opinion. They differentiate between actions that may be official and ones that can't. About halfway down pg 4.

The Constitution is the highest law of the land. If it explicitly says the president can do something any law stopping him from doing that would be unconditional and voided, at least as applied.

Otherwise it would be like they amended the Constitution without going through the correct process.

[–] Blackbeard@lemmy.world 16 points 9 months ago* (last edited 5 months ago)
[–] WanderingVentra@lemm.ee 4 points 9 months ago

Thanks I'll take a look a closer look at that section. I'm looking for any hope right now lol.

[–] dogslayeggs@lemmy.world 15 points 9 months ago

The ruling says that INTENT cannot be questioned. The President can say whatever he/she wants after the assassination, and it cannot be questioned by courts. The Pres can say that the killing stopped an imminent terror attack. They can say the person was in the middle of committing a crime and had a (totally not planted) gun on them.

I get what you are saying, that extrajudicial execution is not a faculty given to the executive branch. In the US, the judicial system is supposed to have the power over adjudicating crimes. And US citizens have the right to trial by their peers. But the government has shown repeatedly in the past that when it comes to terror that they are more than happy to waive rights. See: Guantanamo, drone kills of US citizens, cops killing people who are only suspected of being a threat, etc.

[–] Blackbeard@lemmy.world 14 points 9 months ago* (last edited 5 months ago)
[–] A_Random_Idiot@lemmy.world 13 points 9 months ago

They've already argued that it is. They've literally argued that assassinating a political rival, while president, is an official act.

[–] xtr0n@sh.itjust.works 25 points 9 months ago (1 children)

He didn’t want to pack the court so I’m not holding out hope that he’d empty the court either. Obviously assassinating justices would completely fuck the country up, but one could argue that the current justices are slow playing us into a fascist dictatorship.

[–] WanderingVentra@lemm.ee 15 points 9 months ago

Well, they're doing it faster and faster lately...

[–] ThePantser@lemmy.world 8 points 9 months ago

But too bad he won't, he's too much of a chicken and Christian.

[–] dogslayeggs@lemmy.world 7 points 9 months ago

One justice put that out there during oral arguments, but I've read the majority ruling and it doesn't mention assassinations. The dissenting opinion does mention the question of what acts fall within official duties, including political assassinations.

[–] DarkCloud@lemmy.world 3 points 9 months ago

Honestly, the quickest way out is to officially order the summary executions of the judges who established this new immunity - then pass a second law ordering that SCOTUS must always evenly represent all major parties, one out, one in.

Then get new judges in that will reverse the immunity ruling. That way this sort of problem won't come up again.

Sometimes the tree of liberty needs to be watered with blood. This is may be one of those times.

[–] Fades@lemmy.world 2 points 9 months ago

No need to pack the court, just a little housekeeping 💅

[–] prole@sh.itjust.works 2 points 9 months ago* (last edited 9 months ago)

That's how you create a martyr. And probably kick off a civil war if he did it openly.