Andrew Parker: There’s a lot of takes about how Biden couldn’t be prosecuted for sending SEAL Team Six after the Justices, which is true but would likely still be a crime for the SEALS to carry out. What looks like couldn’t be prosecuted is Biden himself shooting them.

There’s a lot of takes about how Biden couldn’t be prosecuted for sending SEAL Team Six after the Justices, which is true but would likely still be a crime for the SEALS to carry out. What looks like couldn’t be prosecuted is Biden himself shooting them.

Yes. But pardon power.

Wouldn’t cover state law, but if they conducted it on capitol grounds I think it’d work.

State law prosecutions would get scope of dutied into federal court, though, and with all those lovely supremacy issues to work through.

Sovereign immunity. They're federal officials performing official duties.

Oh, god, if sovereign immunity in this country becomes immunity from criminal laws too it’s basically just the purge.

Under Trump v United States, he should appeal his libel case. He argued that his remarks were part of his official duties as President and according the ruling, courts cannot question his categorization. As an official act, It should be transferred to federal court and then dismissed.

^^^Biden could absolutely pardon them.

Apparently also an unlimited power to instruct your AG, so any prosecution could be sandbagged after jeopardy attaches.

And the President is commander in chief of the army and navy. If Biden declares them to be unlawful combatants, they're legal game. If the courts ok extrajudicial drone strikes on US citizens, and they have (Al-Aulaqi v. Panetta), it's very defensible that it's a legal military order.

Of course, he could pardon them afterward.

Listen if we get a dystopian future where the President literally goes around icing dudes that is not the _worst_ dystopia that could come out of this election.

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