Seems crazy! But just logical. If a President cannot commit a crime in the course of an official act, like giving an order to the military, how can you prosecute the person who follows the order? There’s a whole code of military conduct about “illegal orders.” All orders are legal now.
The President can still commit a crime, he is just immune (or presumed to be immune) from being prosecuted for it unless the DOJ can prove that the act is in the outside perimeter of his official duties and prosecuting him won’t hinder future Presidents from doing that job legally without fear
Biden needs to instruct his justice department to go after the Federalist Society and find the points of coordination that connect trumps legal team, Cannon and SCOTUS.
So what's to stop any and all executive orders from being enforced. All order are legal and there is no recourse to (criminal or civil) to stop them... By presidential order NY and CA can no longer vote in presidential elections, ect.
They could call it the auto-pardon. If the president orders it, it can’t be illegal, and if it is, he can pardon it, so why punish it in the first place?
Inskeep interviewed Trump's lawyer this morning who said no of course those orders are still illegal even though the President is immune from being prosecuted for ordering them. That's obviously nonsense because any such order would also be followed by a blanket pardon for anyone involved.
That is not true. Just because the president can't be prosecuted for it, does NOT make an order legal -- especially to the service member who CAN be prosecuted for it.
sure Roberts can come up with some fuckery where they are still illegal, just not prosecutable for the president, and he can still pardon with no oversight, but you know there is only so much time in a day....
Not only that, but this also cancels out their supposed overruling of "Chevron."
Biden can now:
*Seize all outstanding debt (student or otherwise) and void it
*Have Harlan Crow confined to his hitlergarten forever
*Have pollution cartel CEOs put in a new submersible gulag and sent to the Titanic
They may not be legal, but good luck prosecuting that with the new evidentiary standards!
"Murder is still illegal, but the standard of evidence must be a confession, or it being caught on 4k video with sound"
An illegal order is still illegal. They just can't prosecute him for one.
He can pardon someone who follows an illegal order, but he can already do that right now.
It's not that his acts aren't crimes, just that he's immune from prosecution. Anyone carrying out those illegal acts can still be prosecuted, unless the president pardons them.
YEP. I was just thinking last night that if the Pres orders the military to nuke Mexico tomorrow just because he feels like it, and an officers refuses that order, it's the *officer* who will be court-martialled. Because it's impossible for the President's order to be illegal.
How can members of congress commit crimes doing official acts? Aren't they just the embodiment of the legislative branch?
What about judges? And cops, for that matter? Isn't every public worker a piece of a branch of government and therefore immune?
Incorrect, because the definition of an illegal order is not set by the CiC but by international law.
And again this is not new news: Obama used the military to murder US citizens ten years ago.
Immunity doesn’t make a crime not a crime: it makes the person non-prosecutable.
Steve Inskeep raised this very issue with one of Trump’s “victorious” lawyers this AM, and then pressed him on it. The answer was unconvincing: it won’t happen because it’s never happened, and it’s never happened because of “Constitutional checks and balances.” Which SCOTUS has now eviscerated.