Rolling Stone reports:
So what kind of crimes do the former president’s attorneys think should fall under the umbrella of executive immunity? Pretty much everything, apparently, including political assassinations.
When asked by Justice Sonya Sotomayor during arguments on Thursday if the president deciding “that his rival is a corrupt person and he orders the military — or he orders someone to assassinate him” would constitute an official act subject to immunity, attorney D. John Sauer said it could.
“It would depend on the hypothetical but we can see that could well be an official act,” Sauer told the court. Sauer also claimed under questioning that a president could theoretically be immune from prosecution if he carried out — or attempted to carry out — a coup against the government.
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Kagan: How about if the president orders the military to stage a coup?
Sauer: If one adopted the test we advanced, that might well be an official act pic.twitter.com/aABeWLxbyy
— Acyn (@Acyn) April 25, 2024
Kagan: If a president sells nuclear secrets to a foreign adversary, is that immune?
Sauer: If it’s structured as an official act, he would have to be impeached and convicted first. pic.twitter.com/3JEgtW63Lz
— Acyn (@Acyn) April 25, 2024
SCOTUS Justice Sonia Sotomayor: “If the president … orders someone to assassinate [a rival], is that within his official acts for which he can get immunity?”
Trump attorney D. John Sauer: “It would depend on the hypothetical, but we can see that could well be an official act.” pic.twitter.com/RddEEYIUrR
— The Recount (@therecount) April 25, 2024
Justice Kagan: “He’s gone. Let’s say this president who ordered the military to stage a coup. He’s no longer president, he wasn’t impeached, he couldn’t be impeached, but he ordered the military to stage a coup. You’re saying that’s an official act. That’s immune?
D. John Sauer,… pic.twitter.com/eLIBChSFfY
— CSPAN (@cspan) April 25, 2024