Would it be legal for Biden to assassinate them? Asking for a friend.
I realize you’re likely being rhetorical, but in case you or any other users are actually curious, the fact of the matter is that criminal acts, including assassination, are not protected by presidential immunity. Here’s a breakdown:
Official Acts are things the President does as part of their job, like signing laws, directing the military, and managing foreign policy.
Criminal Acts are illegal activities, and they are not protected by presidential immunity. Assassination is definitely illegal and falls under this category.
The Fifth and Fourteenth Amendments guarantee due process of law, meaning that the government cannot deprive anyone of “life, liberty, or property” without fair legal procedures and protections. Additionally, Executive Order 12333, explicitly prohibit the U.S. government from engaging in assassination.
In Nixon v. Fitzgerald (1982): The case granted the President immunity from civil damages for official acts, but clarified that this doesn’t apply to everything a President does. Unofficial acts, like crimes, are not protected.
In Youngstown Sheet & Tube Co. v. Sawyer (1952): The Supreme Court ruled that President Truman’s seizure of steel mills was unconstitutional. Even though it was for “official use” and it was for “the good of the country” it was nevertheless deemed not part of his presidential powers and therefore not covered.
Presidential immunity protects certain official actions, but it doesn’t cover illegal activities. Assassination would be an unofficial act and is definitely prosecutable.
I realize you’re likely being rhetorical, but in case you or any other users are actually curious, the fact of the matter is that criminal acts, including assassination, are not protected by presidential immunity. Here’s a breakdown:
Official Acts are things the President does as part of their job, like signing laws, directing the military, and managing foreign policy.
Criminal Acts are illegal activities, and they are not protected by presidential immunity. Assassination is definitely illegal and falls under this category.
The Fifth and Fourteenth Amendments guarantee due process of law, meaning that the government cannot deprive anyone of “life, liberty, or property” without fair legal procedures and protections. Additionally, Executive Order 12333, explicitly prohibit the U.S. government from engaging in assassination.
In Nixon v. Fitzgerald (1982): The case granted the President immunity from civil damages for official acts, but clarified that this doesn’t apply to everything a President does. Unofficial acts, like crimes, are not protected.
In Youngstown Sheet & Tube Co. v. Sawyer (1952): The Supreme Court ruled that President Truman’s seizure of steel mills was unconstitutional. Even though it was for “official use” and it was for “the good of the country” it was nevertheless deemed not part of his presidential powers and therefore not covered.
Presidential immunity protects certain official actions, but it doesn’t cover illegal activities. Assassination would be an unofficial act and is definitely prosecutable.