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Killing an American citizen without due process should be outside the scope of official acts regardless of whether the President has immunity for said acts. Oba
by demosthanos 2y ago
Killing an American citizen without due process should be outside the scope of official acts regardless of whether the President has immunity for said acts. Obama proved that it's not [0], which is a major problem that should have been addressed a long time before this ruling.
On the whole the principle of this ruling is sound:
The President shouldn't be in a position where he has to wonder before each choice if he'll later be prosecuted for it or not. The boundaries of official acts should be spelled out clearly in the law, and when acting within those boundaries the President should be confident that he's authorized to make the tough calls.
The ambiguities that this ruling brings to light were already there, this ruling only exposes them. President Obama could theoretically have been personally prosecuted for killing al-Awlaki and now he can't.
Now it's time for us to explicitly identify in the laws what the President can and cannot do. That's a change that's long overdue.
[0] https://en.wikipedia.org/wiki/Anwar_al-Awlaki https://en.wikipedia.org/wiki/Anwar_al-Awlaki