The media has spread a ton of misinformation and lies this week about an exchange between President Donald Trump’s lawyers and a federal Appeals court judge. You probably saw some of the coverage that involved a hypothetical question about a president ordering Seal Team Six to assassinate a political rival. The real question is whether presidents have “absolute immunity” for official actions that they carry out as part of their duties. The answer, of course, is yes—although Trump’s lawyers could have explained it better and the media totally lied about.
Judge Florence Pan came in with a loaded series of gotcha questions prepared before the hearing. She was expecting pats on the head from the media for being such a Smart Girl. Trump’s lawyers are arguing that he has absolute immunity from prosecution for all the actions that he took in relation to the stolen 2020 election.
Since Trump knew the election had been stolen, he had a duty as our president to investigate that and try to get the certification delayed until we could figure out what really happened. Anything that Trump did on the job in relation to that falls under absolute immunity. Or at least it should.
Judge Pan started the hearing off with an incredibly stupid question:
“Could a president order Seal Team Six to assassinate a political rival? That’s an official act, an order to Seal Team Six?”
That is such a dumb hypothetical. Even if a president ordered Seal Team Six to assassinate a political rival, there is nothing there to prosecute. Seal Team Six hasn’t done anything in the hypothetical. There’s no crime in a president giving the military an order, especially if the military hasn’t yet done anything in response. If Seal Team Six actually followed the order (which is unlikely), then it becomes a question of who gets prosecuted. Is it the president? SecDef? Seal Team Six?
It’s so dumb that it’s just amazing that Florence Pan is on the bench.
Trump’s lawyer tried to explain that the answer to the question is a “qualified yes.” If the president was swiftly impeached by the House under that hypothetical and convicted by the Senate, which he almost certainly would be, then and only then would that president NOT have absolute immunity and could face criminal prosecution.
That’s our specific process for this under the Constitution. Without an impeachment AND conviction happening first, a president has absolute immunity for actions they take while carrying out official duties.
A better way to explain absolute immunity—and I’m surprised that Trump’s lawyers didn’t think of this—would be to use a recent, real-world example. We have one of those.
In September of 2011, Barack Obama ordered an American citizen named Anwar al-Awlaki to be killed in a drone strike in Yemen. Al-Awlaki was a Muslim cleric. He had been accused by the Obama administration of aiding Al Qaeda in some way during the War on Terror. Al-Awlaki had not been charged with any crime. He had not been put on trial or found guilty by a jury of his peers. And Barack Obama killed him by dropping a bomb on his head.
Al-Awlaki’s 16-year-old son, who hadn’t even been accused of anything, was standing right next to his dad when Obama had them both killed. These were the first and only two extra-judicial killings of American citizens that have ever taken place as the result of a presidential order. That has never happened before or since that incident.
Question: Does Barack Obama have “absolute immunity” against prosecution for murder and manslaughter because he killed this father-and-son duo while denying them due process?
As morally and ethically repugnant as the answer might be to some of us, the answer is “Yes.” Barack Obama is, as of this moment, immune from prosecution for what was clearly a serious crime.
However, if the appellate court rules a few months from now that absolute immunity does not exist for presidents, it means that Barack Obama could immediately be arrested on murder and manslaughter charges. That example would have shut Judge Pan up in a hurry.
If President Trump does not have absolute immunity for his official duties when he was investigating a stolen election, then Barack Obama certainly doesn’t have absolute immunity from murder and manslaughter charges. Either they both have absolute immunity, or no former president has it.
This is so truth! These media just can’t speak truth. They should lose their 1st amendment clearance to FREE PRESS! This here show OBAMA ORDER THE KILLING OF AN AMERICAN CITIZEN! So how he get IMMUNITY BUT TRUMP DOESN’T? DEMOCRAT POLITICIANS even VOTED ON THE IMMUNITY ACT THEMSELVES. Every President has IMMUNITY protection, all due to they have to make wise choice to protect the country! Trump had the right to call 2020 rigged! For first time in our election we witness DEMOCRAT POLLS WORKER FORCING REPUBLICANS POLLS WORKER OUT BEFORE THE VOTE WERE COUNTED! Tape up windows, lock doors, suitcase out from under the table. When did we ever use the USPS DROPBOX?? And the democrats candidates NEVER CAMPAIGN! Wow! Who AMERICAN enemies??
Yet here you are on a media news page? interesting concept with half of your claimes already debunked lol
I don’t think we have any honest politicians anymore. Their number one and only priority is getting rich and getting re-elected. To hell with the American people and this country. We need a house cleaning in Washington, term limits for every politician. Some of them have been in there most of their lives, done nothing to help the people, had almost nothing when they started, are now millionaires. I don’t understand why we keep voting them back in over and over again, or do we? As crooked as I elections have become, I wonder if we are voting them back in or not. It probably be easier to sreal a congressional election than a presidentual one. Elections are the most important things that happens in this country and there should be no doubt what-so-ever that it was a legitiment election.
Truth! We can look back to the years it was DEMOCRAT POLITICIANS that claim we needed a new way to count the vote. But truth be told THEY NEDDED A NEW WAYS TO HOLD ON TO POWER!
Don’t say we unless you are part of the criminal organization that call themselves Democrats.
We have been saying this for many years yet people just dont realize we the people have the power but we dont act why?
Georgia WHY KEMP taped conversation then gives to MEDIA HE TOOK MILLIONS FROM ZUCKERBERG FULTON COUNTY WAS NOT NOT SECURE HE LIED HE SHOULD BE INVESTIGATED
Zuckerberg was CHINA MONEY MAN! What he was doing was illegal and violation the laws. So he started a campaign contribution to ALL LIBERALS DEMOCRAT CITY! Which was BUYING VOTE FOR DEMOCRAT POLITICIANS. DIDN’T HAPPENED IN ANY OTHER CITY! If FBI wasn’t involved with these democrats just maybe there would been a FAIR ELECTION. BUT THEY WERE INVOLVED!
you people are all morons
The democrats are like the religious leaders of the new testament, wanting to silence anyone challenging their control.
Correct 100%
They are not religious leader that follows JESUS! More like THOSE THAT WERE AGAINST HIM! SATAN CONTROL THEIR MINDSET!
I bet you are a Democrat (communist)!
No previous President has been treated like Donald J. Trump! His attack on his estate for documents FBI knew were there and OK with it made a crime out of it for Political Bias and Favoritism for The Biden/Democratic Regeim! This is why The Department of Justice and F.B.I. must be rebuilt. From The Ground—-UP! Trust within our government agencies has reached an “ALL TIME LOW”! POS!!!!