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is torture an official act? are war crimes? both are criminal under U.S. law. what happens to presidential command responsibility? also, if POTUS is immune from prosecution, there is no complementarity. the court has made it easier for the ICC to pursue cases ag american presidents.
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we are all understandably focused on how the court undermines domestic rule of law. but it's striking just how out of step the court is with the long-term trend of senior official responsibility for war crimes, crimes ag humanity and genocide.
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Justice Jackson, by the way, is on it
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What I don't get about this whole discourse: if, hypothetically speaking, Biden goes "fuck it" and uses his newly found God powers to dismiss all current judges, find new judges (3 times more of those!), ask them to reassess the same topic (given new evidence), can't they take his God-power away?
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Like, where all this "from now on...", "centuries to fix..." etc doomerism is coming from, if in this case God can quite literally create a stone he cannot lift? (Or at least it seems so...)