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.

  • Snot Flickerman
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    6 months ago

    So this means its open Trump hunting season for Biden, right? It is totally legal and cool for him to assassinate Trump, right??


    Of course we all know they intend for this argument to only apply to Trump.

    • Carighan Maconar
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      676 months ago

      Stuff like this is what I wish would happen.

      Like the german nazi party desperately wants more people to be evicted from Germany, I say great, evict the AfD politicians and their voters! Wooot! Everyone happy!

      • Snot Flickerman
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        6 months ago

        Right, when the right wing fuckos trot out their obviously bad-faith arguments, we should be taking to them to their logical fucking conclusions right the fuck away.

        It would be beautiful to see the entire Republican wing of the house pissing themselves and losing their shit knowing that an assassin from Biden could get them at any moment. Especially after the first few drop and Biden just says “it’s me, it’s totally legal and cool, right?” Also making sure to drop the first 20-or-so at the same time so right after it happens the Dems have a majority in both the House and Senate so no Republican can actually bring a vote for impeachment.

        They’d be screaming bloody murder because the only thing they actually care about is their own skins.

        • @AbidanYre@lemmy.world
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          176 months ago

          Nah, let them keep a majority in the house. They vote to impeach, the Senate acquits, then he goes for round two…

    • Flying Squid
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      116 months ago

      I know Elmer always lost, but I still want to see Trump being chased by Biden with a rifle like Elmer Fudd. Real life doesn’t have to imitate the cartoon.

    • @yo_scottie_oh@lemmy.ml
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      6 months ago

      No. If you read the article, you’ll see that this isn’t Sauer’s argument. It’s another ragebait title, and based on the comments in this thread, it’s working.

      EDIT: Okay, I see the flaw in my thinking. Carry on.

      • Heresy_generator
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        6 months ago

        His argument is that there would be no possible legal recourse if a US president tried to seize absolute power the way Saddam Hussein did in Iraq, by having everyone in the legislature that might oppose him lined up and shot.

      • @Garbanzo@lemmy.world
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        366 months ago

        Yeah it is. Maybe you’d like to think there’s some subtlety we’re missing because Sauer stated the President would need to be impeached to lose immunity, but what happens if the President assassinates anyone who would impeach him?

      • modifier
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        6 months ago

        Oh right on, hey call it off guys and gals. This dude read the article and says democracy is going to be just fine.

        Edit: much respect to anyone willing to update their conclusions based on new input.

  • @TheDoozer@lemmy.world
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    6 months ago

    Here’s a better question, Judge Pan.

    Could a president order Seal Team Six to assassinate unsympathetic judges, either of an appeals court or the Supreme Court itself, since that’s an “official act?” Because that might be something worth considering.

    • Flying Squid
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      6 months ago

      This argument would, in fact, suggest that the president could order a judge assassinated. And I’m guessing the appeals court knows that.

      • @winky88@startrek.website
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        86 months ago

        Like every other grand ol’ projection, I believe this should be interpreted as a threat of things to come, not academic speculation.

  • Lemminary
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    536 months 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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      36 months 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.

  • Nougat
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    316 months ago

    Pan reframed the question to include a hypothetical where a president ordered assassination and then was not impeached, and Sauer still hung on to “impeachment has to happen first.”

    • Snot Flickerman
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      586 months ago

      So Biden hunting down the entire GOP House for sport is up for grabs, then. It’s not a coup, it’s part of his official duties!

  • @vexikron@lemmy.zip
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    6 months 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.

  • @AllonzeeLV@lemmy.world
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    6 months 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.

  • @badaboomxx@lemmy.world
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    146 months ago

    I agree, and at the same time I wonder what the current president could fix the issue with the former? I mean, the current president has immunity right? /s

    • @n3m37h@lemmy.dbzer0.com
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      56 months 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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      46 months 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.

  • @Zoots@lemmy.world
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    76 months 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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      46 months 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!”