A President could order the assassination of his political rival and not ever face prosecution unless the House successfully impeached him and the Senate convicted him for that crime, according to the ex-president’s attorney, in oral arguments Tuesday morning attempting to convince judges on the D.C. Circuit Court of Appeals of Trump’s claims of absolute immunity.
Trump and his attorneys are arguing Donald Trump has “presidential immunity” and therefore cannot be charged, prosecuted, or tried for actions he took in the federal (and state) trials he is facing for election subversion and other unlawful acts surrounding the 2020 election and January 6 insurrection.
“There it is,” national security attorney Bradley Moss wrote on X. “Trump’s lawyers conceding that Biden could order Seal Team 6 to assassinate Trump and Biden could not be prosecuted absent impeachment and conviction.”
Moss played out the logical conclusions of Trump’s lawyer’s argument.
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“How would he ever get impeached, let alone convicted, if Biden could just assassinate legislators who would vote in support of that?” he posited. “Do you get how insane this is?”
“I want MAGA legal pundits to think through what they are defending here with Trump’s immunity fight: if Trump wins this argument, why would Biden even bother letting Trump make it to election day? He could have him murdered, along with GOP congressional allies, and be immune,” Moss added.
Professor of law Eric Segall, who teaches constitutional law, observed, “Trump’s Lawyer is arguing that Presidents can’t be criminally prosecuted for first degree murder unless he’s impeached first. This is a moronic argument under any and all interpretative theories, text, history, and common sense.”
Listen to the portion of Trump’s attorney, John Sauer, arguing that a president can order assassination, essentially commit murder, and not be prosecuted unless first impeached and convicted, below or at this link.
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