"I'm trying to understand what the disincentive is from turning the Oval Office into the seat of criminal activity in this country," Supreme Court Justice Ketanji Brown Jackson said.

Former President Donald Trump’s attorney on Thursday argued that a president could order the assassination of his political rival and stage a military coup without being prosecuted for it.

Jack Sauer, Trump’s lawyer, made the “absolute immunity” argument in a Supreme Court hearing in the Department of Justice election interference case against the former president. Trump’s team has repeatedly claimed that the ex-president can’t be prosecuted for “official acts” he did while in office.

Supreme Court Justice Sonia Sotomayor asked Sauer, “If the president decides that his rival is a corrupt person and he orders the military to assassinate him, is that within his official acts to which he has immunity?”

“That could well be an official act,” Sauer responded.

Sotomayor seemed taken aback at that line of reasoning.

…

“How about if the president orders the military to stage a coup?” Kagan asked.

“I think it would depend on the circumstances,” Sauer said.

  • IvanOverdrive@lemm.eeEnglish
    63·
    7 months ago

    If I were Biden and the Supreme Court ruled it’s legal, first thing I’d do is put Trump and every justice that ruled in favor in a CIA black site. Then I’d stack the court with justices that would rule it was illegal. Because that shit cannot stand.

    • Crackhappy@lemmy.worldEnglish
      22·
      7 months ago

      I mean, there is no legal reason that Biden could not just put forth more candidates for the supreme court, right now.

      Edit: The only actual reason is because Biden is a coward.

      • radix@lemmy.worldEnglish
        16·
        7 months ago

        There is no constitutional reason it can’t be amended, but there is a statutory reason Biden can’t act unilaterally on that: the Judiciary Act of 1869 limits the SCOTUS to nine members.

        Congress would have to let him.

      • Pretzilla@lemmy.worldEnglish
        13·
        7 months ago

        Moscow Mitch piped up and preeminently accused Biden of ‘packing the court’, were he to increase the number of justices.

        Really rich statement given Mitch is the real packer.

        • Crackhappy@lemmy.worldEnglish
          8·
          7 months ago

          I’m not sure. As I said, there is no actual reason for him to not put forward more justices for the Supreme Court.

                  • Fal@yiffit.netEnglish
                    1·
                    7 months ago

                    I mean, there is no legal reason that Biden could not just put forth more candidates for the supreme court, right now.

                    This is the context of the thread. The size of the court is a law. It’s not just something biden can “put judges forward”

      • FlashMobOfOne@lemmy.worldEnglish
        3·
        7 months ago

        He’s not a coward.

        He’s rich, and we’re not. Carlin said it best: It’s a big club and you (meaning we in this case) ain’t in it.