Thursday, July 18, 2024

A frightening thought experiment: a murderous president with criminal immunity

Armed with the language of the majority's opinion in Trump v. U.S., such a president could promise the law enforcement officer a pardon, and perhaps a monetary bribe, to incentivize her to murder his rival under the guise of engaging in federal law enforcement activity within the president's official power. 

Could this scheme work? The better answer, under the foundational structure of the Constitution, is "no." Ours is a system of laws. The Revolutionary War was fought to escape the monarchy of King George III. 

Roberts's opinion prompts the grave possibility that the answer could one day be "yes."… 

For now, however, without any threat of criminal or civil liability looming over future presidents, the only thing standing in the way of an Oval Office crime spree is personal integrity — or his subordinates' refusals to carry out his orders…

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