Can the current king please decree that we’re a democracy?
He can do that by officially assassinating the conservative SC justices, nominating new ones, and then having armed marines inside the senate comittees to ensure they are confirmed immediately.
There’s probably a few more steps, but this would get us back on track. He would have to be willing to give up his powers at a certain point, which means installing the legal apparatus (in the form of government officials) with the will to strip those powers.
Ah yes, the classic play in which you acquire unchecked power, exercise it to get rid of all your political rivals, then somehow use it to restore democracy. Occurs once in an anime about giant robots and psychic powers, and never in history.
I agree no one is ever letting go of power unless they are explicitly required to do so.
The next steps would be ordering the justice department to prosecute him, going to court, and appealing all the way to the new Supreme Court so they can overturn the precedent. Which would require either moving very quickly or preventing the other side from taking power, one way or the other.
Of course, by then pandora’s box is open. As long as someone is willing to follow those kinds of orders, nothing would prevent the next president from doing the same thing. It’s a slippery slope not unlike the one that caused Rome to go from being a republic that viewed regicide as a fundamental virtue to an empire that would persecute groups for denying the divinity of the emperor.
Of course, by then pandora’s box is open. As long as someone is willing to follow those kinds of orders, nothing would prevent the next president from doing the same thing.
It would be a genius move for Biden to arrest Trump right now as a terrorist enemy combatant, but give hints that he’s doing this because of the supreme court ruling. And then in order to be prosecuted, the Supreme Court would need to completely reverse this ruling and restore democracy. Even if Biden went to prison after a total reversal of the ruling, he would be regarded by history as a saviour of the country on par with Lincoln.
People are getting this all wrong.
They haven’t crowned the POTUS as king. They were very clear that non-official acts are not covered. They’ve crowned themselves, the ones who get to determine what is and what is not an “official act” the kings.
Did you read the fucking dissent? That’s a sitting SC Justice saying that quote, not some arm chair IANAL basement dweller:
“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune,” Sotomayor wrote.
If one of the dissenting justices thinks it likely, we better pay attention. The whole “They were very clear that non-official acts are not covered.” is a pillar built on sinking sand - what defines non-official becomes subjective real fast. Biden could assassinate every conservative justice on SCOTUS and get his own in there to make it all legal. Threats of the same to any in congress who won’t play ball.
And if someone can’t imagine Biden doing it (I can’t), I’m thinking that there are quite a few citizens who believe Trump abso-fucking-lutely would pull that shit. With a majority on SCOTUS already he could just start going after political rivals and keep SCOTUS themselves in check with threats of the same. If SCOTUS has done anything they’ve painted themselves in a corner and only Congress can unfuck us with impeachment (as unlikely as that seems!)
I read their point as being “because official acts are not defined and they’re the ultimate deciders, the Court can provide or withhold this immunity at will”. Turns out killing Republicans is not an official act and killing Democrats is.
Sure, but the court doesn’t actually have any enforcement mechanism - that’s all held by the executive. Like, a president who orders the military to assassinate a political rival is not gonna wait for multiple months of trial and go ‘oh OK I guess that wasn’t an official act off to jail I go’. They can just intimidate the judges. The Republicans are counting on any Democratic president not doing that, and are probably right.
and only Congress can unfuck us with impeachment
Yeah, how’s that been working out so far?
Question for you: was this ruling incorrect? If so, how do you square that with the majority of justices ruling that way? Or do you as a fellow armchair ianal basement dweller get special privileges when it comes to your legal opinions vs that if scotus judges?
All I’m saying is that if I’m POTUS and I’m considering a questionable “official act” i know who I’m going to to clear it first.
was this ruling incorrect
Yes. The decision is fundamentally flawed and if the US survives this, it will be discussed in law reviews for decades to come.
If so, how do you square that with the majority of justices ruling that way
Are you presuming that a reactionary majority in SCOTUS ruling something squares with “correct”? Setting that aside for a second, I’ll answer it by saying their decision makes it legal for the president to commit crimes in an official capacity, and that decision is wholesale incorrect by virtually any standard other than “Conservative Party go Brrrrr”. Say that out loud a few times: “it’s legal for the President to commit crimes in an official capacity”. This is defacto opening to kingship / authoritarianism. If you go read the entire constitution (it’s pretty short) and you’ll recognize that these same 6 jurists cannot back this decision up with anything remotely resembling what the constitution says. It goes against all of the language holding our government officials accountable to the law. So yes… I square it quite easily by saying that all 6 of the majority decision jurists are wrong and just because it’s a majority doesn’t make them right.
Or do you as a fellow armchair ianal basement dweller get special privileges when it comes to your legal opinions vs that if scotus judges?
This argument doesn’t go as hard as you think. My whole point centered around the fact that you shouldn’t pay attention to me, but that you should pay attention to the dissent WITHIN THE SUPREME COURT itself. My opinion here truly doesn’t matter (which I suppose negates my first to responses above, but you asked…) but Sotomayor’s legal opinion surely matters. That was my point.
All I’m saying is that if I’m POTUS and I’m considering a questionable “official act” i know who I’m going to to clear it first.
The SC put it on the lower courts, which means any challenge to “what’s an official act” will just come back to the SC upon appeal. The conservative majority can choose to hear or not and if they do, hear any challenge, they can rule along party lines in favor. Sotomayor is saying, rightly, that other than a mild delay, this is effectively a rubber stamp for the President to commit any crime while in office. Further, my argument is that if Trump gains office again, he won’t bother clearing anything - he’ll go straight into persecuting anyone he deems disloyal. He’s already saying Kinzinger and Biden and Liz Cheney should meet a military tribunal (though there is absolutely zero jurisdiction). In any authoritarian country, this means at least life imprisonment if it doesn’t mean a firing squad. And he can do it and THEN see what the SC says. He’s not going to clear anything because he knows they are in his pocket, and he can use their own decision to eliminate them if they don’t play ball on ruling what is official or not. The SC may think they have power right now, but take this forward a year from “First day dictator Donny” and tell me the Supreme Court can do shit? They’ve created their own monster.
It’s horrendously incorrect. Listen to the dissenting justices, or constitutional scholars like Luttig and Tribe. Basically anyone who’s serious and not a craven Trump crony.
Strong incentive to not step down if you can just keep being a crook. Watch how quick the republicans start to argue over what is “official” and what isn’t depending on who is president.
And they’re going to quickly find out how much that illusion of power is worth when they try to contain or cross whatever right-wing fascist they help empower.
These idiots think their power structure isn’t going to be gutted like some kind of Mortal Combat move as soon as it is convenient for the king of the US to do so. They have no enforcement of their own, the other branches barely have to listen to them as it is, and by the time whatever CIA maga thug clubs them to death in their bed it’s going to be too late for them to render a judgement on whether it’s an official act. They’ll be dead and replaced with someone who values their life more.
So let’s say, hypothetically.
The president thought that people shouldn’t eat chocolate ice cream. It’s anti-american.
And “for the good of the country” anyone who eats chocolate ice cream has to be isolated from the rest of society.
That’s not an official act. It’s not really on the periphery of official acts.
But because definitionally anything that, at the president’s sole discretion, is “in the best interest of the United States” is now argued as an official act.
Biden likes vanilla ice cream.
But he isn’t going to detain you for unamerican activities if you prefer chocolate ice cream.
Choose freedom! Choose chocolate ice cream!
Then why did they send the decision back to lower court to decide what “official “ acts are?
So that they can be appealed to in any specific case and decide for themselves.
So, if Trump does an official act, and assasinates all the SC justices, who decides then?
Considering that an ex-president who invaded a country under a proven false pretext and in violation of international law and has a million Iraqi civilians on his conscience is still painting his little pictures in Texas, perhaps the Supreme Court decision is not as big a break as some seem to think?
One could at least argue that the Iraq invasion was within what was generally understood to be the role of the president at the time, specifically leading the military as its commander in chief. No one expected throwing a coup to be within the normal role of the president, but apparently that’s also covered according to this decision.
So…couldn’t now Biden have Trump killed or maybe just his brain fried and get away with it?
“I know I will respect the limits of the presidential powers I’ve had for three-and-a-half years, but any president – including Donald Trump – will now be free to ignore the law,” Biden said.
Source: CNN
The next official act of president Biden should be to drone strike a terrorist at Mar-a-Lago
