SavannahMann
Platinum Member
- Nov 16, 2016
- 14,027
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Your âquestionâ highlights your fundamental misunderstanding of the issues involved.
The standard to indict any person for a felony remains the same âprobable cause to believe that a crime has been committed and probable cause to believe that the person being looked into for that âcrime,â is the person criminally responsible for that âcrime.ââ
The point of Presidential Immunity focuses its attention to a different matter: whether the âactionsâ which were allegedly criminal were made under the Presidentâs authority as President for a legitimate purpose demanded by his duties as President.
If murder is the intentional taking of a human life, then the action of pointing a gun at another person and pulling the trigger in order to end that other personâs life would normally qualify as âmurder.â However, if that other person was at that time trying very hard to kill you, then shooting him to death before he can accomplish his goal isnât murder. Why not? Because not it âjustified.â It legally means that what would otherwise be a murder isnât a crime at all because the action was justified by necessity.
Interestingly, in most cases, to defend against a murder charge by claiming âjustificationâ and or âself defenseâ the accused actually has to admit essentially all of the required culpable mental state and criminal act elements of the crime.
But, if the jury agrees, it isnât a crime at all.
Similarly, if a special persecutor wants to charge a former President with criminal behavior, it may be that the persecutor will have to disprove that the former Presidentâs actions werenât undertaken for the purposes of doing his duties as President.
Trumpâs attorneys just claimed that the President can assassinate A political rival and not be prosecuted unless he is impeached and removed from office.
US president could have a rival assassinated and not be criminally prosecuted, Trump's lawyer argues | Semafor
Trump's lawyer presented a sweeping interpretation of presidential immunity as he argued that the former president is immune from prosecution for the charges that he tried to overturn the 2020 election.
www.semafor.com
If this argument carries the court, then Biden should exercise this new found right and order the death of Trump. Then we just have to insure 34 senators donât vote to remove him from office. And it is perfectly legal. Right?