The idea was put forward by the former president’s lawyers earlier this week

The idea was put forward by the former president’s lawyers earlier this week

  • athos77@kbin.social
    2·
    10 months ago

    His argument is that a President can’t be charged until after the House impeaches him, the Senate convicts him, and he’s removed from office. So let’s say he kills someone. There’s nothing to prevent him from going on a murder spree and killing Representatives until there are no longer enough votes (either no quorum or everyone left is a yes-person) so that he can’t be impeached. Even if he’s impeached, there’s nothing to prevent him from going on another murderous rampage, killing Senators until there are no longer enough votes to convict. And even if he’s convicted, there’s still nothing to prevent him from barricading himself in the White House and ordering everyone to protect him from the people who would remove him from office.

    Tell me again how this is not a dictator?

  • abff08f4813c@kbin.social
    2·
    10 months ago

    Well, if nothing else I’m glad that Clinton v. Jones means he’d not be immune to a civil lawsuit in that case.

    I’m pretty sure this would be wrong and couldn’t happen. Remember then-commander of the US Strategic Command Air Force General John Hyten saying that he’d refuse to follow an illegal presidential order to launch a nuclear attack? Or retired Air Force General Robert Kehler saying the same thing?

    Edit: references:

    https://truthout.org/articles/the-duty-to-disobey-a-nuclear-launch-order/

    https://apnews.com/article/14eb66de62fc49b181680ccbd7394646

    Almost certainly Seal 6 and the military chain of command above these folks would refuse to obey any such order.

    And if this guy were to do it himself - well the duties of the President don’t include using weapons, let alone assassination - so a good argument would be made that this was his own personal conduct rather than something stemming from the duties of the Presidential Office.

    Finally, the murder would almost certainly occur in a State - so even if federal folks have their hands tied, he could be tried and convicted by a State court in absentia. (Perhaps State Troopers wouldn’t be able to actually get their hands on him until after he left office, but unless he dies in Office this guy would eventually have to pay for that crime.)