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Quinta Jurecic@qjurecic.bsky.social |
let's do the seal team six hypo. president orders st6 to assassinate a political rival bc rival is a threat to national security. possible this is absolutely immune under pres's commander in chief power. if it's not, then it gets presumptive immunity (which may be absolute anyway)
11 replies 16 reposts 118 likes
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Tinker, Tailor, Soldier, Reply Guy
@elandobbs.bsky.social
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Presidents will be restrained by the long settled norm of not deploying death squads that have sworn an oath of personal fealty to the president! And if they do violate that norm, why we can make our displeasure known at the ballot box!
1 replies 0 reposts 19 likes
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James McGuire
@gozermac.bsky.social
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All of the “calm down” faction presumes an independent judiciary that protects “the people”. I don’t believe that to be the case anymore.
0 replies 0 reposts 3 likes
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Andy Pearlman
@apearlma.bsky.social
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president goes to olc, which has now been stacked with "yes this is official act" lawyers such as john yoo types. "please stamp this order to assassinate my political rival an official act." "official act boss!" president: "i was told this was an official act before i did it."
2 replies 1 reposts 6 likes
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The Next Day
@incompetusrex.bsky.social
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You can’t inquire into the president’s motives in that event, so how do overcome the presumption?
1 replies 0 reposts 2 likes
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Fountainhead this
@jaocomms.bsky.social
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Biden would have such a demonstrably well justified claim on this ground as to Trump. Though he wouldn’t even have to present the rationale in court. Then there’s Ginni and Clarence, the Alitos, a bunch of Members of Congress. That’s just at the top levels of the federal government.
0 replies 0 reposts 0 likes
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🇵🇸Dr. Tim Henke (tɪm 'ɦɛŋ.kə)
@timhenke.bsky.social
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what is presumptive immunity, actually?
0 replies 0 reposts 0 likes
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@branewave.bsky.social
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Does the Commander-in-Chief authority encompass targeting non-combatants? War crimes? IHL violations? Does it make sense that the contours of the C-n-C authority exceeds what is legal for the military to do? Is the Constitutional nonsensical if it does?
0 replies 0 reposts 0 likes
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Andy S
@as58.bsky.social
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Is there a theory of the unitary executive that would pass Alito and Thomas muster that makes the ENTIRE executive branch immune under this ruling?
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Will Rosecrans
@wrosecrans.bsky.social
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I'm sure impeachment will be an effective remedy against a President who {checks notes} is known to kill someone who identifies themselves as his political opponent. I'm sure lots of people will vote to remove him, among the surviving Senators.
0 replies 0 reposts 0 likes
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The Fig Economy
@figgityfigs.bsky.social
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Most of the evidence you'd need to overcome the presumption of immunity would probably itself be presumptively (or absolutely) immune, right? Like just the discussions with DoJ officials are specified to be absolutely immune in the opinion.
0 replies 0 reposts 1 likes
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Samuel Moyn
@samuelmoyn.bsky.social
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Serious q: Do you think there should be a public authority exception to relevant statutes (e.g., federal murder statute) in case of targeted killing of US citizens? The DoJ has already signed off on that. Because then the main difference in your hypo is who counts as a political rival?
1 replies 0 reposts 2 likes