U.S. President Donald Trump addresses Joint Session of Congress - Washington, U.S. - 28/02/17 - U.S. President Donald Trump shakes hands with Chief Justice of the Supreme Court John Roberts after addressing the U.S. Congress. REUTERS/Kevin Lamarque
Did the U.S. Supreme Court really just give presidents dictatorial rights to murder their political opponents? Liberal justices argued that's the shocking possibility following the court's ruling on Trump's immunity case. CBC News asked constitutional scholars, who said though it's technically true, it will never happen in practice.What was John Roberts thinking? That's the debate in legal circles after a ruling written by the chief justice of the U.S.
"The way this opinion is worded, it's broad enough to cover the most outrageous set of facts. So Justice Sotomayor was not being hyperbolic." For example, the court forbids using Trump's conversations with his acting attorney general about the 2020 election. This would seem to chop out part of the evidence against Trump in the indictment that accuses him of trying to steal the last election, as it refers to such conversations dozens of times.Analysts discuss what happens now that the U.S. Supreme Court has decided anything a president does in an official capacity is immune to prosecution.
"We're not in hypothetical land. We're dealing with Trump, who prides himself on pushing the bounds that constrain the rest of us." "Were this case actually to arise, it could not possibly be the case that the president would be immune for ordering Seal Team Six to shoot a political rival," Koh said.He said a dictatorial president could someday try claiming he was lawfully exercising his commander-in-chief power in issuing orders to kill, but really: "It's just murder, or assassination.
Plus, he said, even if a president tried to do such a thing, soldiers have a right and responsibility to refuse to follow an unlawful order.
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