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The 14th Amendment says if you were involved in an insurrection you can't be president. SCOTUS said they won't allow anyone to enforce that because of reasons they made up. The Constitution doesn't say the president is immune from criminal law. SCOTUS decided he is because of reasons they made up.
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At a minimum it seems like Biden should revisit every decision on e.g. loan forgiveness that any judge has blocked, and just say, nice judgement you made there but this is an official act so I can do it anyway.
but... the issue wasn't that Biden would've been criminally prosecuted. If the loan forgiveness is found to not be legal, the agencies won't execute it. Biden would have to, like, threaten the agency heads with physical violence to get them to execute illegal orders.
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You mean commit a criminal act to get the agency to do what he wants (actually he could just fire them and replace w who will do what he wants). Court says it's illegal? Biden says, tough. Arrest me.
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The problem is that an official act declared illegal or unconstitutional even if Biden forced it through could be reversed by next president. Those who got loan forgiveness "illegally" could have the loan restored and would be prosecuted if they didn't pay. Biden would be safe but not his order
Yes that's what I mean. Presumably we're not cool with presidents threatening civil servants to get them to do illegal things. He could replace agency leadership with toadies right now.