how do you rebut presumption of immunity? nobody knows. but you can't consider the president's motive in rebutting it or the fact that murder is against the law. doesn't matter if president says to his advisors "I would like to kill rival because I hate them." inadmissible
let's do the seal team six hypo. president orders st6 to assassinate a political rival bc rival is a threat to national security. possible this is absolutely immune under pres's commander in chief power. if it's not, then it gets presumptive immunity (which may be absolute anyway)
But aren't the people to whom the order is issued, or who carry it out, obligated not to follow an illegal order, and not immune if /they/ the break the law? It's still illegal, whether or not the President can be prosecuted for it. (h/t @gregsargent.bsky.social )
A) POTUS can pardon any federal crimes.
B) since it’s de facto not a crime for POTUS to order a crime, many will be confused and believe it’s not a crime.
C) My Lai, Abu Ghraib, the MOVE bombing all happened without A) or B).
