"I'm trying to understand what the disincentive is from turning the Oval Office into the seat of criminal activity in this country," Supreme Court Justice Ketanji Brown Jackson said.

Former President Donald Trump’s attorney on Thursday argued that a president could order the assassination of his political rival and stage a military coup without being prosecuted for it.

Jack Sauer, Trump’s lawyer, made the “absolute immunity” argument in a Supreme Court hearing in the Department of Justice election interference case against the former president. Trump’s team has repeatedly claimed that the ex-president can’t be prosecuted for “official acts” he did while in office.

Supreme Court Justice Sonia Sotomayor asked Sauer, “If the president decides that his rival is a corrupt person and he orders the military to assassinate him, is that within his official acts to which he has immunity?”

“That could well be an official act,” Sauer responded.

Sotomayor seemed taken aback at that line of reasoning.

…

“How about if the president orders the military to stage a coup?” Kagan asked.

“I think it would depend on the circumstances,” Sauer said.

  • radix@lemmy.worldEnglish
    101·
    8 months ago

    And don’t even frame it as a nameless hypothetical. Get specific.

    “Are you arguing that Joe Biden could order the assassination of Clarence Thomas and Donald Trump, and if the Democratic Senate doesn’t convict on impeachment, he gets away with it?”