From commenter “Jimmy.”:
This was Vox’s hot take:
“The biggest news out of the Court on Monday, of course, is a sweeping decision holding that former President Donald Trump was effectively allowed to do crimes while he was in office. Indeed, under the six Republican justices’ decision in Trump v. United States, it is very likely that a sitting president can order the military to assassinate his political rivals without facing any criminal consequences for doing so.”
Insane. Evidently written by 12-year-olds.
The author is Ian Millhiser, with a law degree from Duke and two books on the Supreme Court under his belt. Does he believe what he’s writing there, and that SCOTUS has actually ruled that way? Hard to tell; it depends how poor his legal education was and how extreme his partisan filter is. But my guess is that he’s well aware that it’s false, but he is making a political calculation that it will panic the rubes among the Democrats, and he’s willing to parrot the talking points that will accomplish that.
What he’s describing would be absolute immunity, which isn’t what SCOTUS ruled and the idea of being immune from prosecution for an assassination is obviously absurd (unless the assassination was accomplished by a Democrat, and the trial was in DC or NY).
But I shouldn’t blame Millhiser or the others who are saying the Court said assassination was A-okay, because it was none other than a current Supreme Court justice, Sotomayor, who gave them their cues for the assertion in her dissent. Here’s what the wise Latina wrote, and the other two liberal justices concurred:
In her dissenting opinion to the Supreme Court’s ruling on presidential immunity, Justice Sonia Sotomayor said that the conservative majority had enabled presidents to assassinate political rivals without fear of criminal prosecution.
“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution,” Sotomayor wrote. “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.”
No, Sotomayor and the others are not insane. They are either stupid or lying – or there’s always both. I can’t read their minds, but I believe they know exactly what they’re doing here, and I believe they are well aware that’s not what the majority said or did. From the same article, here’s a summary description of the majority’s ruling:
…[T]he court found that presidents enjoy “absolute immunity from criminal prosecution” for actions taken within their constitutional authority and at least “presumptive immunity” for all other official acts.
The president does not have the constitutional authority to murder his rivals, nor would that be an official act of any sort even if he used the military to do it. But it serves the left to say otherwise, because their goal is to fan the flames of Trump fear.
None other than Bill Barr, no fan of Trump, points out the preposterous nature of Sotomayor’s so-called reasoning:
Former Attorney General Bill Barr brushed off what he called “horror stories” raised by Supreme Court Justice Sonia Sotomayor in her dissent on the high court’s ruling on former President Trump’s immunity claim.
“The worst example I think, the one that makes no sense whatsoever, is the idea he can use SEAL Team 6 to kill a political opponent. The president has the authority to defend the country against foreign enemies, armed conflict and so forth,” Barr said Monday on Fox News.
“He has the authority to direct the justice system against criminals at home. He doesn’t have authority to go and assassinate people,” he added. “So, whether he uses the SEAL team or a private hit man, it doesn’t matter; it doesn’t make it a carrying out of his authority. So, all these horror stories really are false.”
Even a non-lawyer ought to be able to understand that. But I repeat: Sotomayor’s dissent was aimed at inciting panic in those who either are unaware of the limits set by the majority opinion, or are susceptible to Trump derangement, or both.
Common sense? Not all that common these days.
[NOTE: And right on schedule:
One British Broadcasting Corporation presenter took it to a whole new level, though, openly encouraging Biden to assassinate his rival for the presidency:
“David Aaronovitch, who presents BBC Radio 4’s “Briefing Room” programme, had apparently clamoured for the 45th President’s killing online ‘on the basis that he is a threat to America’s security’.
“Posting on social media, Aaronovitch said: ‘If I was Biden I’d hurry up and have Trump murdered on the basis that he is a threat to America’s security’ – sparking instant outrage online.”