US presidents cannot be prosecuted for selling pardons or assassinating political rivals through SEAL Team Six, personal Trump lawyer John Sauer argued Tuesday

Advancing a sweeping interpretation of executive immunity, Donald Trump’s attorney told a federal appeals court on Tuesday that U.S. presidents could not be prosecuted for selling pardons or assassinating political rivals through SEAL Team Six.

Trump’s lead attorney D. John Sauer argued that only a president who has been impeached and removed from office in a Senate trial potentially would be subject to prosecution for those kinds of alleged crimes.

A three-judge panel appeared extremely skeptical of Trump’s vision of absolute immunity, sharply questioning and interrupting Sauer during the opening minutes of the oral arguments with the former president himself sitting nearby.

“Could a president order SEAL Team Six to assassinate a political rival? That’s an official act–an order to Seal Team Six,” U.S. Circuit Judge Florence Pan asked Sauer.

“He would have to be, and would speedily be, you know, impeached and convicted before the criminal prosecution,” Sauer replied, setting a pre-condition for such prosecution in Pan’s hypothetical.

  • @Zoots@lemmy.world
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    71 year ago

    Trump’s lead attorney D. John Sauer argued that only a president who has been impeached and removed from office in a Senate trial potentially would be subject to prosecution for those kinds of alleged crimes

    • TechyDad
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      41 year ago

      And it gets better. In the Georgia case, they are arguing that Trump can’t be tried because he was impeached for that crime and a criminal trial would be double jeopardy.

      Ignore for a second that his impeachment wasn’t over the Georgia crimes. Trump’s lawyers are arguing that you need to impeach/convict before you can criminally charge, but if you impeach then you can’t criminally charge.

      Their legal theories are the equivalent of “I object! It’s devastating to my case!”

  • @solrize@lemmy.world
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    1 year ago

    What the lawyer seems to have actually said is that to prosecute the president, you first have to impeach him and remove him from office. Maybe also crazy, but still not the same as saying prosecution is impossible.

  • @fubarx@lemmy.ml
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    61 year ago

    If you take that argument to the logical extreme, a President who has committed all those bad acts can:

    • Stop all investigations of said bad acts, therefore avoiding impeachment.

    • Threaten any member of the House that is thinking of voting to impeach him.

    • On the off-chance is impeached and is now waiting the verdict of the Senate, have every incentive to offer all kinds of corrupt deals (free pardons, private arms deals, etc) to Senators to buy their vote. This way, they won’t be convicted in the Senate and they can keep enjoying their infinite immunity forever.

    Neat-o.

    • TechyDad
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      61 year ago

      Or just go one step further and have all Congressional members of the opposing party killed.

      Biden would never do this and I don’t want him to, but let’s suppose that Trump’s “legal theory” is correct and Biden wakes up tomorrow thinking that he’s sick of dealing with the Republicans’ malarkey. He orders some military groups known to be loyal to him to round up every Republican member of Congress along with certain Supreme Court justices. They are all executed. Then Trump is brought in and executed as well.

      Now what would happen? Would Biden be charged with mass murder? No, he’s immune to prosecution. You need to impeach and convict him first. But nobody remains who would impeach him. So he’s totally immune as he appoints left leaning Supreme Court justices and expands his “early Republican retirement program” to right leaning Federal judges.

      Again, I wouldn’t want him doing this, but according to Trump this would be totally legal.

      • splicerslicer
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        31 year ago

        Look up the tape of sadaam Hussein rising to power, that’s exactly what he did. Had all of his enemies carted out in front of everyone to be executed. That’s the future trump wants for us.

      • @DrinkMonkey@lemmy.ca
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        21 year ago

        But nobody remains who would impeach him

        I want to believe there would be a principled few who would. But someone who would murder their opponents would also murder their colleagues, and they’d all know this, so…yeah.

  • @AllonzeeLV@lemmy.world
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    1 year ago

    Remember, his base sees this as strength.

    They don’t care about the means, they want a “strongman” to kill the Americans they see as their enemies for them.

    Modern Republicans don’t give a two shilling shit about democracy, they’d rather have an authoritarian so long as it’s an authoritarian they’re deluded into believing represents their interests.

    Just in case anyone thinks these remarks might make him lose a single vote.

  • @vexikron@lemmy.zip
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    1 year ago

    And so after years upon years upon decades of rhetoric from Republicans warning about the growing power of the Executive and the abuses of the Executive by FDR…

    … uh, nevermind all that apparently, if our guy is in charge he should be able to just unilaterally assasinate political rivals.

    You know. Like anyone that would vote to impeach him. For assassinating political rivals.

    This is literal baby brain logic that actual Elementary School Children could probably understand is stupid.

    Hooray for living in Clown World, the dumbest possible timeline.

    This is basically logic that can only possibly have come from serious QTard Syndrome, Terminal Stage. Its the only way possible for /the Storm/ to actually happen.

  • Lemminary
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    521 year ago

    The US really needs to sit down and decide what the president can and cannot do. It won’t be the last time magats try this shit.

    • @randon31415@lemmy.world
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      31 year ago

      Whatever 33 senators will allow and not vote to convict on an impeachment vote. Under Biden, that is what Debbie Stabenow (33rd most liberal senator) and senators more liberal will allow. Under Trump, that would be what J.D. Vance (33rd most conservative) and more conservative senators would allow.

    • @n3m37h@lemmy.dbzer0.com
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      51 year ago

      Ugh, Trump dug through (metiphorically, guy couldnt actually dig) the bottom of that barrel and is now into the earths mantle

    • @hansl@lemmy.world
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      41 year ago

      Can you imagine the payoff though if the court agrees and he becomes president? Assassinate your enemies, straight out of Putin’s playbook. That’s a dictator’s favorite move! Democrats and liberals wouldn’t do it because they have fucking morals, but the GOP would be happy to.

  • @paddirn@lemmy.world
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    641 year ago

    Man, why did Nixon even bother resigning? Why was Clinton or Trump even impeached? They were obviously immune from ever doing anything wrong, ever. The Presidency exists completely outside of the normal checks and balances in our government, the President can just do whatever they want.

    • Cylusthevirus
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      111 year ago

      Well being President is sort of like being a Star. And as well all know, if you’re a Star they let you do it. Orange Julius was talking about underage pageant contestants at the time, but I think the same principle applies here.