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The presumptive immunity standard only applies to official acts that aren't "core" exercises of the President's constitutional authority. Any enumerated power i

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
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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
  The Seal Team 6 example was actually originated by another judge 5 months ago and even then Trump's lawyer did not dismiss the example as purely ridiculous. You can look it up.
  - 0xBDB 2y ago
    Trump's lawyers didn't have the opportunity to read the majority opinion before it was written. We do have the opportunity to read it now. Also, I don't know if you have, but I've noticed that Trump doesn't hire the highest quality lawyers.

deleted 2y ago

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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
The Seal Team 6 example was actually originated by another judge 5 months ago and even then Trump's lawyer did not dismiss the example as purely ridiculous. You can look it up.
- 0xBDB 2y ago
  Trump's lawyers didn't have the opportunity to read the majority opinion before it was written. We do have the opportunity to read it now. Also, I don't know if you have, but I've noticed that Trump doesn't hire the highest quality lawyers.