this post was submitted on 19 Jul 2024
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This stupid topic again

But sure

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[–] [email protected] 55 points 4 months ago (2 children)

He turned out to be a decent president, except for the massive, glaring failure to build any sort of meaningful bulwark against fascism. He had, like, the absolute best justification and mandate to aggressively crack down on the neofascists with Jan 6, but he pussyfooted around and dragged his feet on fucking everything so much that basically nothing has been dealt with or constructively changed since the coup attempt occurred.

[–] [email protected] 30 points 4 months ago (2 children)

I love how you skip the part where Congress blocked everything the SCotUS didn't. That's so efficient.

[–] [email protected] 18 points 4 months ago (1 children)

There are a LOT of things he could have done in a lot of areas that require neither Congress nor the courts.

Not to mention, he was so goddamn focused on “reaching across the aisle” that he picked a guy for AG that clearly doesn’t have a strong interest in, you know, preventing the fascists from winning, because he’s in the same party as the fascists.

[–] Cryophilia 4 points 4 months ago

There are a LOT of things he could have done in a lot of areas that require neither Congress nor the courts.

Go on

[–] Clinicallydepressedpoochie 11 points 4 months ago* (last edited 4 months ago) (1 children)

Well he has absolute immunity now. Could hang them all on the Whitehouse lawn. /s

[–] tootoughtoremember 13 points 4 months ago* (last edited 4 months ago) (1 children)

/s ?

The President using the armed forces to assassinate a political rival would be immune to prosecution under this ruling.

A President's use of the military is a power granted to them under Article II, Section 2 of the Constitution. In order to prosecute for this hypothetical assassination, they would first need to prove that providing orders as Commander in Chief was somehow an unofficial act.

This is one of the specific examples Sotomayor listed in her dissenting opinion on this ruling.

[–] Omegamanthethird 5 points 4 months ago (3 children)

SCOTUS would just rule that political assassination was not an official act, assuming they were a Democrat of course. It's not like they're consistent.

[–] Cryophilia 3 points 4 months ago

That's why if Biden were to ever use this power, he'd have to go after SCOTUS first.

[–] [email protected] 2 points 4 months ago

SCOTUS would just rule that political assassination was not an official act, assuming they were a Democrat of course. It’s not like they’re consistent.

[–] tootoughtoremember 2 points 4 months ago* (last edited 4 months ago)

Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts.

Determining whether and under what circumstances such a prosecution may proceed requires careful assessment of the scope of Presidential power under the Constitution. The nature of that power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office. At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute.

The President's authority as Commander in Chief is a core constitutional power, as granted in Article II, Section 2. This example is not hyperbolic.

[–] CharlesDarwin 3 points 4 months ago (1 children)

What should he have done against fascism?

[–] [email protected] 11 points 4 months ago* (last edited 4 months ago) (2 children)

Well, not picking an AG with no interest in prosecuting perpetrators of a literal fucking coup attempt would have been a start.

[–] CharlesDarwin 6 points 4 months ago

Very true. I'm wondering if Garland is still holding out hope that he somehow gets on SCOTUS, as well.

[–] Scallionsandeggs 3 points 4 months ago* (last edited 4 months ago)

I'm not exactly excited about Harris, but putting a former prosecutor in office at least makes me think she couldn't possibly put in a worse AG than Garland, at a time when we desperately need a firebrand in the position.

Plenty of opportunity to be proven wrong though 🙄