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re: Trump’s Boldest Argument Yet: Immunity From Prosecution for Assassinations

Posted on 1/11/24 at 10:50 am to
Posted by JimEverett
Member since May 2020
227 posts
Posted on 1/11/24 at 10:50 am to
How so?

If the bar to prosecuting a President, or former President for alleged crimes while President, is impeachment and conviction then it applies to murder just as it does insurrection.

Wasn't this raised as an issue years ago? Commander in chief orders a strike to kill an enemy combatant who is a US citizen. Do we really want local DAs or even a federal prosecutor to have the power to indict a President over such action?
Posted by Fun Bunch
New Orleans
Member since May 2008
116674 posts
Posted on 1/11/24 at 10:54 am to
quote:

Commander in chief orders a strike to kill an enemy combatant who is a US citizen.


There's constitutionally a difference between orders that fall within their constitutional powers and those from without.

The Con gives us the mechanism to remove them from office via impeachment.

The question is if the President tells someone "Hey go kill this guy" that he just doesn't like, is the only remedy impeachment?

Personally, I think not. Its just not framed within the Con in that manner
Posted by Indefatigable
Member since Jan 2019
27234 posts
Posted on 1/11/24 at 12:19 pm to
quote:

If the bar to prosecuting a President, or former President for alleged crimes while President, is impeachment and conviction then it applies to murder just as it does insurrection.

But it’s not. There is no bar to prosecuting a sitting or former President for crimes committed outside the scope of the duties of his office—nor should anyone want there to be. POTUS is not a Roman consul.

quote:

Commander in chief orders a strike to kill an enemy combatant who is a US citizen. Do we really want local DAs or even a federal prosecutor to have the power to indict a President over such action?

Action ordered as part of his duties as POTUS. Charges dismissed/indictment quashed.
This post was edited on 1/11/24 at 12:35 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425567 posts
Posted on 1/11/24 at 1:16 pm to
quote:

How so?

Removal
Prosecution
14A ineligibility

are 3 completely separate legal issues.
quote:

Wasn't this raised as an issue years ago? Commander in chief orders a strike to kill an enemy combatant who is a US citizen. Do we really want local DAs or even a federal prosecutor to have the power to indict a President over such action?


That's a 4th issue: immunity
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