Did the Supreme Court OK a presidential assassination order?

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It has been a burning question among legal scholars ever since former President Donald Trump asserted absolute immunity for his acts while in office: Could a president assassinate a political rival with legal impunity?

In this file photo, Chief Justice of the United States, John Roberts walks to the Senate chamber at the Capitol in Washington, Jan. 16, 2020. **FILE**

But Justice Sonia Sotomayor, writing the chief dissent, said offing a political rival would fall within the boundaries the high court set for core presidential actions. He grounded the idea of immunity in the separation of powers, reasoning that it would subvert the powers of the president if Congress were able to criminalize Executive Branch responsibilities. Once he established that some acts cannot be prosecuted, he said the trick is drawing the lines.

The majority said communicating with the Justice Department is part of a core presidential duty, so Mr. Trump enjoys absolute immunity on that score. The other three areas require mode argument in lower courts. Justice Ketanji Brown Jackson, who dissented in Monday’s ruling, said under the court’s new ruling, Mr. Sauer was right.

 

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