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Notes -
Trump v. United States, the presidential immunity opinion, dropped this morning. In broad strokes it goes like this:
1. For those acts that are pursuant to the President's "conclusive and preclusive" authority there is absolute immunity.
2. For those acts which are official acts by the President but not covered by (1) there is a presumption of immunity that can only be overcome by showing the prosecution would pose no "dangers of intrusion on the authority and functions of the Executive Branch."
3. For those acts which are unofficial there is no immunity.
4. Those acts for which the President has immunity cannot be used as evidence to demonstrate any element of a crime for which the President would not have immunity.
I think it's just incredible that the six justices in the majority looked at the Navy-SEALs-assassinate-a-rival hypothetical and went "yep, sounds right, no liability." Roberts' majority opinion even mentions the President's orders to the armed forces as one of the things that falls under (1).
I think the way is clear. Biden orders Trump, the six justices in the majority, and let's say the next 2-3 top Republican candidates whacked (just for safety). He probably gets impeached and removed but can't go to jail (thanks SCOTUS!) Harris takes over as President and I think it's unlikely she would also get impeached. Dems don't want to hand the presidency to Mike Johnson. That gives Harris plenty of time to stack the court. Republican convention in disarray due to the deaths of their prominent candidates. Biden obviously out, he'd be ineligible anyway if impeached and removed. Dems probably dump Harris to create a clean break with Biden admin, clearing the way for Whitmer/Newsom/Pritzker/whoever.
The above is fan fiction, of course.
I think it's important to note that heads of state, being at the apex of accomplishment in the field of politics, are subject to different incentives as the average person.
For the most part, once you've reached that point, what more can you reasonably expect out of life? You already are garanteed to be able to have most of the earthly possessions you might reasonably desire, even if you did not abuse your position for personal gain, because of the inherent value of your importance and popularity, you can make millions trivially by letting a ghostwriter write a book for you, or by making a few corporate event appearances. Most of us scramble to try to make something significant out of our brief time on earth. Becoming President is significant. If I managed to do it, did what I believe to be a good job, yet after my term my opponents came to jail me, fuck it I'd off myself and go into the afterlife smiling knowing that I won at life and they can't take that away from me.
All that to say that the regular carrot and stick that keep us mere mortals from misbehaving are not really needed for them, because what's supposed to keep them honest is legacy. When you become head of state, you become someone who will be written in history books and known about centuries, quite possibly even millenias, into the future. Trying to play whack-a-mole with the million different ways a head of state could abuse his power is useless, just make sure, since you have the luxury to select them, that the people who get there are the kind who care that their entry in future encyclopedias read more like Marcus Aurelius' than Commodus'.
I propose a more likely alternative:
This is a "the moment Caesar is out of office we're prosecuting him" situation. He'll get the big brained idea to never leave office.
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