Thursday, January 11, 2024

TWIT: S.E.A.L Team 6

Even moronic MAGA types can appreciate the absurdity of the answer to a hypothetical posed by Judge Pan of the Court of Appeals for the District of Columbia. Arguing for absolute immunity, Trump's appellate counsel answered in the affirmative the hypothetical: would the President be immune from criminal prosecution if he ordered S.E.A.L Team Six to assassinate his political rival? Clearly absolute criminal immunity cannot be part of our constitutional government. If it were so, "L'etat, c'est moi" would be the motto, not "equality before the law" emblazoned on the Supreme Court's pediment. Rightfully so, all three judges on the panel expressed their skepticism of his argument for immunity from criminal prosecution.  Judge Henderson, appointed to the bench by H.W. Bush, said she found his claim of immunity "paradoxical" to his constitutional oath to faithfully enforce the nation's laws. 

Trump's argument twists the meaning of the impeachment clause*, intended to limit Congress' ability to punish a president to removal from office, not turn the partisan legislative body into a high court of law in violation of the principle of separation of powers contained in Article III and elsewhere. The only reason Trump was not convicted the second time in the Senate was because not enough partisan Repugnants voted with Democrats to convict. A majority of senators thought he was guilty.  Even Senator McConnell thinks a president can be prosecuted for criminal behavior in office without a pre-condition of a Senate conviction.

credit: KAL, The Economist
Wackydoodle sez:  He's a victim too!

*Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.