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They said in effect that using Seal Team 6 would be presumptively immune, and at that point the court would have to consider whether prosecuting a president for

They said in effect that using Seal Team 6 would be presumptively immune, and at that point the court would have to consider whether prosecuting a president for assassinating his rival would impose a chilling effect that would impair future presidents ability to command the armed forces. Since killing your domestic rival is not an important part of tactical wartime decisions, the government would easily overcome the presumption.

f38zf5vdt 2y ago
The President is the commander-in-chief of the armed forces. Why would he have to stop at only his domestic rival when he could instead simply eliminate anyone who appears to be in the way, and whether or not that is the right decision is deferred to congress and the courts who now consist of people who are still alive and have fallen in line?
- qingcharles 2y ago
  And presumably people who want to continue staying alive...
hedora 2y ago
A future court might rule that. This court would rule that people upset about the president assassinating all their rivals should just get elected president and change the policy. After all, they already did say that women that want health care and the right to prevent (according to the court) overwhelmingly male politicians from messing with their lady bits should just run for Supreme Court and overturn their recent rulings.
sterlind 2y ago
The presumptive immunity standard only applies to official acts that aren't "core" exercises of the President's constitutional authority. Any enumerated power is core and enjoys absolute immunity, regardless of motive; anything unenumerated but "official" has merely presumptive immunity. The President's power as Commander in Chief is enumerated, so having Seal Team 6 whack DeSantis would be absolutely immune to prosecution.
- deleted 2y ago
  [deleted]
- ClarityJones 2y ago
  What is the scope of these "core" powers? During times of war, the Commander in Chief directs military maneuvers etc. in active theatres of combat. At all times he directs readiness and training. I wouldn't say that the history and tradition of the office is to have Delta Force manufacture artistic pottery cups for children to drink milk from while at school. That action in that time and place would not seem to fall within the role of Commander in Chief (regardless of his intent / subjective belief that the use of fine porcelain may provide some tactical advantage).
  - NickC25 2y ago
    The scope of the powers is however the Commander in Chief sees fit and has a DOJ, Court, and Congress to rubber-stamp his/her actions. That was the whole point of the decision - the official in question gets to determine what is/isn't an official action.
- 0xBDB 2y ago
  > The President's power as Commander in Chief is enumerated, so having Seal Team 6 whack DeSantis would be absolutely immune to prosecution. This does not seem to fit either the examples set in the majority opinion or a reasonable understanding of what the President's enumerated power as commander in chief means. In the absence of a Congressional declaration of war against Ron DeSantis (which I am all for) the President's core duty would seem to cover killing DeSantis only in the event of a clear and present danger to the nation from DeSantis. Otherwise this is rebuttable, and will be pretty easily rebutted, immunity. Yes, we are relying on the courts to carve that kind of fine distinction, and yes, this decision makes that a bit harder. But hardly impossible, and we were already relying on the courts for that. Subjecting this decision to the most ridiculous interpretation is politically useful right now but that's about all it's good for.
  - calf 2y ago

f38zf5vdt 2y ago

The President is the commander-in-chief of the armed forces. Why would he have to stop at only his domestic rival when he could instead simply eliminate anyone who appears to be in the way, and whether or not that is the right decision is deferred to congress and the courts who now consist of people who are still alive and have fallen in line?

qingcharles 2y ago
And presumably people who want to continue staying alive...

hedora 2y ago

A future court might rule that. This court would rule that people upset about the president assassinating all their rivals should just get elected president and change the policy. After all, they already did say that women that want health care and the right to prevent (according to the court) overwhelmingly male politicians from messing with their lady bits should just run for Supreme Court and overturn their recent rulings.

sterlind 2y ago

The presumptive immunity standard only applies to official acts that aren't "core" exercises of the President's constitutional authority. Any enumerated power is core and enjoys absolute immunity, regardless of motive; anything unenumerated but "official" has merely presumptive immunity. The President's power as Commander in Chief is enumerated, so having Seal Team 6 whack DeSantis would be absolutely immune to prosecution.

deleted 2y ago
[deleted]
ClarityJones 2y ago
What is the scope of these "core" powers? During times of war, the Commander in Chief directs military maneuvers etc. in active theatres of combat. At all times he directs readiness and training. I wouldn't say that the history and tradition of the office is to have Delta Force manufacture artistic pottery cups for children to drink milk from while at school. That action in that time and place would not seem to fall within the role of Commander in Chief (regardless of his intent / subjective belief that the use of fine porcelain may provide some tactical advantage).
- NickC25 2y ago
  The scope of the powers is however the Commander in Chief sees fit and has a DOJ, Court, and Congress to rubber-stamp his/her actions. That was the whole point of the decision - the official in question gets to determine what is/isn't an official action.
0xBDB 2y ago
> The President's power as Commander in Chief is enumerated, so having Seal Team 6 whack DeSantis would be absolutely immune to prosecution. This does not seem to fit either the examples set in the majority opinion or a reasonable understanding of what the President's enumerated power as commander in chief means. In the absence of a Congressional declaration of war against Ron DeSantis (which I am all for) the President's core duty would seem to cover killing DeSantis only in the event of a clear and present danger to the nation from DeSantis. Otherwise this is rebuttable, and will be pretty easily rebutted, immunity. Yes, we are relying on the courts to carve that kind of fine distinction, and yes, this decision makes that a bit harder. But hardly impossible, and we were already relying on the courts for that. Subjecting this decision to the most ridiculous interpretation is politically useful right now but that's about all it's good for.
- calf 2y ago