this post was submitted on 04 Jul 2024
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Commanding the military is one of the examples Roberts gave as an always Official act that comes with complete immunity. It was talked about very briefly in the decision, and expanded upon in the dissents because the dissents pointed out that using seal team 6 to kill Americans is now completely legal.
I did find the part that listed the military as one of the Presidents office acts, you are correct on that. I also found this on page 62, that is the basis for the questioning about Seal Team 6 during arguments, and again in the SCOTUS descent. I read it as effectively saying that if the President uses police or military to do an "unlawful killing" then because they are "exempt" he would be immune. So the President isn't allowed to murder in a foreign country, but if he uses the military it's an official act and exempt? This reads to me like it only stops the President from personally being a Rambo, carrying out hit jobs, but Trump was a draft dodger (so ...). Any lawyers here? I don't see an instance of the President carrying out an "unlawful" killing without using the police or military. Except if maybe this is one of those things left over from when a President would duel, or people in Congress would bludgeon someone with a cane?
Here's a lawyer's take on it.
https://www.youtube.com/watch?v=MXQ43yyJvgs
It's worse than you think.