Postscript

UPDATE On July 1, 2024, the U.S. Supreme Court ruled that the President has immunity for Official, but not private, acts. Does that mean, as the Appellate Court asked in oral arguments, that a President is immune if, in his official capacity, he has his rival candidate assassinated? Maybe so.

When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.

Justice Sonia Sotomayor, dissent on Presidential Immunity ruling

Thus, even a hypothetical President who admits to having ordered the assassinations of his political rivals or critics … or one who indisputably instigates an unsuccessful coup … has a fair shot at getting immunity under the majority’s new Presidential accountability model.

Justice Ketanji Brown Jackson, dissent on Presidential immunity ruling

But, wait… Doesn’t Trump already believe Biden has sicced the Justice Department on him? The current president, his repudiations notwithstanding, is still the President. If it’s good for the goose, isn’t it good for the gander? Kind of an awkward ruling this close to an election, don’t you think?

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