For reference: Article 48 Wikipedia I’m trying to understand how anyone with any knowledge of the history of dictators could possibly justify granting a president unchecked “official” power so if anyone has any actual theories I am ALL ears.

  • Bitrot@lemmy.sdf.org
    link
    fedilink
    English
    arrow-up
    3
    arrow-down
    6
    ·
    1 year ago

    I think this makes sense, it will be interesting to see how it plays out. I don’t agree with some of the things I’ve seen online about having seal team six assassinate political rivals just because one uses the power of the office does not mean it is an official act of the office. That is where courts would decide which is true. Previously they were making the argument for absolute immunity for everything, the Supreme Court said that isn’t the case.

    I think there is trepidation because there aren’t precedents yet and this is happening in the context of January 6 and the big lie. I don’t think it ends Trump’s trouble, his speaking to the public that day was on the behalf of DJT, not the president. It gets more murky if someone questions not sending the national guard, was that an official act and just a bad call? The hope would be some sort of reasonable president standard is created but really who knows.

    • BmeBenji@lemm.eeOP
      link
      fedilink
      arrow-up
      12
      ·
      1 year ago

      There is absolutely precedent for these exact events. Pick the name of a famous dictator from history out of a hat and they most likely have acquired absolute power through “legal” means.

      • Icalasari@fedia.io
        link
        fedilink
        arrow-up
        3
        ·
        1 year ago

        Yeah, so many arguing that this isn’t a big deal are arguing based on good faith actors. The GoP and the majority of the SC are not good faith actors, so it would be easy to twist things and have the SC go, “Well if you squint, turn your head, and cross your eyes, it fits as an official act”

      • Bitrot@lemmy.sdf.org
        link
        fedilink
        English
        arrow-up
        3
        ·
        edit-2
        1 year ago

        What legal precedent is there in US courts for deciding if something is official or personal?

    • oxjox@lemmy.ml
      link
      fedilink
      English
      arrow-up
      3
      arrow-down
      6
      ·
      1 year ago

      I appreciate the few level-headed people observing this historic event.