Trump attorney suggest Presidents can assassinate political rivals in Trump immunity case

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Presidents can assassinate their rivals, Trump lawyers boldly suggest in DC immunity case

Donald Trump’s attorneys argued Tuesday that presidents can’t be convicted of a crime if not impeached first – but a panel of appellate judges seemed skeptical.

nypost.com

 

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Trump attorney says presidents can’t be prosecuted for selling pardons or ordering murders​

Former president Donald Trump’s lawyer told a three-judge panel of the US Court Appeals for the District of Columbia Circuit that a president would be immune from prosecution unless impeached and convicted, even if he was accused of having ordered a rival’s murder by the US military.


During arguments in a Washington DC courtroom on Tuesday, Trump attorney D John Sauer told Judges Michelle Childs, Florence Pan and Karen Henderson that Mr Trump is immune from prosecution under the impeachment and double jeopardy clauses of the US Constitution, citing the Senate’s 2021 acquittal of the ex-president on charges that he incited the January 6 attack on the Capitol.

Trump’s lawyers say he should be allowed to harass witnesses into not cooperating with prosecutors
Judge Florence Pan, a 2022 appointee to the circuit court by President Joe Biden, almost immediately began a rapid-fire questioning of Trump attorney D John Sauer over his contention.

She asked Mr Sauer if, hypothetically, a president could order the killing of a rival by the US military or sell pardons and be immune from any legal consequences.


“I understand your position to be that a president is immune from criminal prosecution for any official act that he takes as president even if that action is taken for an unlawful or unconstitutional purpose, is that correct?” she said.

He replied that prosecution would only be allowed following a conviction by the Senate.

She interjected to repeat the query after Mr Sauer’s filibustering answer: “I asked you a yes or no question. Could a president who ordered SEAL Team 6 to assassinate a political rival ... would he be subject to criminal prosecution?”

He replied: “Qualified yes – if he is impeached and convicted first.”

He later added that in his view, such a president would “have to be, and would speedily be, you know, impeached and convicted before the criminal prosecution”.

James Pearce, the Assistant Special Counsel who argued the case for the US government, said Mr Sauer’s comments portended “an extraordinarily frightening future” because his view would place presidents largely outside and above the law.

 

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Trump's lawyer argues that a president can order SEAL Team Six to assassinate his political rival if Congress is cool with it​

Former President Donald Trump's attorney on Tuesday argued that a president can order the assassination of his political rival and can't be prosecuted for it — unless he's impeached and convicted by Congress first.

Trump's lawyer made the argument in a contentious appeals court hearing Tuesday in the special counsel Jack Smith's election-interference case against the former president.


Trump's legal team has repeatedly argued that the ex-president has "absolute immunity" from criminal prosecution related to his acts while in office (a claim many legal experts reject).

But Judge Florence Pan, one of three judges on the Washington, DC, appeals court panel, tested that argument at length when she posed a series of hypotheticals to Trump's lawyer, D. John Sauer.

Pan wondered if, according to the Trump team's argument, a president could be held criminally accountable for selling pardons or military secrets if he wasn't impeached and convicted by Congress for it.

"Your position is that he can't be prosecuted for that unless he's impeached?" Pan said.

"Yup, as long as it's an official act," Sauer said.

Then Pan took it a step further.

"Could a president order SEAL Team Six to assassinate a political rival? That's an official act: an order to SEAL Team Six."

Former President Donald Trump to appear at Federal Appeals Court Hearing

"He would have to be, and would, speedily be impeached and convicted before the criminal prosecution —" Sauer began, but Pan cut him off.

"But if he weren't, there would be no criminal prosecution, no criminal liability for that?" she said.

Sauer reiterated that a president would first have to be impeached by the House of Representatives and convicted by the Senate before he could be criminally charged for any acts related to his office. He started to discuss the position of the founding fathers before Pan cut him off again.

"I asked you a yes or no question," the judge said. "Could a president who ordered SEAL Team Six to assassinate a political rival, who was not impeached, would he be subject to criminal prosecution?"

"If he were impeached and convicted first, and so —" Sauer began.

"So your answer is no," Pan said.

 

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Hear it in their own words

David Heath (@david.heath.writer) on Threads

Here’s Trump’s lawyer agreeing that a president can order Seal Team Six to assassinate a political rival and still be immune from prosecution. Truly mind blowing.

www.threads.net

 

[osu1983]

Guess that makes it ok for Biden to make a phone call.

 

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34 votes to make you a King in America

How can anyone support or this man and still claim to love democracy and the the Constitution??

 

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Former White House lawyer Ty Cobb says former president poses ‘gravest threat to democracy we’ve ever seen’
Former White House lawyer Ty Cobb warned that people need to take former President Trump seriously as a threat to democracy.

CNN anchor Erin Burnett asked Cobb about an argument from Trump’s legal team Tuesday that suggested a president directing SEAL Team Six to assassinate a political opponent is covered by presidential immunity. She pointed out Trump’s past comments praising Chinese President Xi Jinping and North Korean Leader Kim Jong Un and asked Cobb whether people should take Trump literally.


“I think you have to take Trump seriously because he poses the greatest threat to democracy that we’ve ever seen,” Cobb said on “Erin Burnett Outfront.”

Trump’s lawyers argued in front of a three-judge panel that former presidents can only face prosecution if they are first impeached and then convicted by the Senate. His legal team is claiming that Trump has presidential immunity from charges stemming from efforts to overturn the 2020 election — an argument that the three judges appeared skeptical of on Tuesday.

Trump, who attended the hearing in person, is facing four charges from special counsel Jack Smith related to efforts to remain in power after losing the 2020 election. His legal team Tuesday answered hypothetical questions as to how far a former president could be shielded from prosecution under their argument.

Trump attorney John Sauer answered with a “qualified yes” when asked if a former president would be barred from prosecution even if he ordered SEAL Team Six to take out a political rival.

“He would have to be impeached and convicted,” Sauer said.

Cobb pushed back on this argument, saying that the legal team is just hoping to delay the case. Trump’s trial regarding 2020 election interference is currently scheduled for March 4 — the first of his four criminal cases.

“On the other hand, I think his legal arguments are interposed solely for delay,” Cobb said, suggesting that “it would be very scary if there’s no accountability” when someone attempts to stop the peaceful transfer of power.

“I think the you know, lack of accountability that he desires, which Putin has, the Ayatollah has, Xi has, as you as you alluded to, you know, I think that he may want an America that is like that,” Cobb said.

Cobb also noted that the founders of the U.S. wanted to ensure “this was not going to be a country where we had a king, this was going to be a country where we had an accountable executive.”

MSN

 

[PF5]

I'm guessing most people who support this idiot (don) do so on the assumption that he just talks a big game, but it's all just talk...guess we'll find out one day if he is elected...on a purely unassociated topic, I'm working on getting my passport...

 

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Trump Reposts Coverage of Lawyer’s Argument for Immunity to Assassinate Political Rivals​

On Truth Social, Trump reposted an article covering Judge Florence Pan questioning his attorney D. John Sauer over his broad immunity claims. Pan asked if Trump’s lawyer’s claim meant Trump would be immune if his “official duties” included ordering SEAL Team Six to assassinate political rivals:

“…can a president order SEAL Team Six to assassinate a political rival? That’s an official act, an order to SEAL Team Six.”

Trump Truth Social post Truth Social© Truth Social
Trump’s lawyer argued Trump, or any president; would have to be "impeached and convicted before the criminal prosecution” could take place. Trump’s lawyer is essentially arguing that presidential crimes are not crimes unless a president is impeached and convicted of them. Judge Pan pointed out that a president could simply just resign to avoid impeachment. Impeachment also requires 2/3rds vote of the Senate to convict, so a relatively small number of his own party could block a criminal prosecution by refusing to vote to convict.
Trump on Lindell TV Lindell TV© Provided by MeidasTouch Network

Trump’s lawyer is basically saying Trump would be immune from ordering assassinations of political rivals unless a formal impeachments and conviction takes place. Trump’s repost of the article signals his potential agreement with his legal council.

 

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[steross]

I'm guessing most people who support this idiot (don) do so on the assumption that he just talks a big game, but it's all just talk...guess we'll find out one day if he is elected...on a purely unassociated topic, I'm working on getting my passport...

A passport from where?

 

[PF5]

A passport from where?

probably go to County Mayo, Ireland...