Media Claims Trump Lawyers Argued President Can Order SEALs To Eliminate Rivals

Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons
American Liberty News
- July 19, 2024
0 views 7 min

ANALYSIS – PART TWO OF THREE – CONTINUED – In part one “Conspiracy Theories or Valid Questions About Trump Shooting?” I discussed several claims that had been made, and later confirmed or contradicted by law enforcement or the media and asked whether Tucker Carlson may be right to ask if Trump's would-be assassin was a lone gunman or had help.

Here we look at some of the more detailed questions and claims from someone who believes didn't act alone.

First, this observer on Substack.

ANALYSIS – Well, according to the media that is what former President 's lawyers are saying. In a bizarre exchange in court, Trump attorney John Sauer argued that, under certain circumstances, a president could order SEAL Team Six (more accurately known as DevGru) to assassinate a domestic political rival and not face prosecution.

But the scenario is silly and the truth is a bit more complicated.

While no president is supposed to be above the law. And no president has absolute immunity or can commit crimes with impunity (the ability to act without negative consequences), no former president has ever been indicted before in our nation's history, either.

Why? Because the Founding Fathers were far more concerned about presidents facing politicalized persecutions masquerading as criminal prosecutions, than with them getting away with murder.

What Trump's lawyers are arguing is that a president has (freedom from prosecution) for any conduct done as “official acts” while he is president. In order to criminally prosecute a president, he must first be impeached and convicted by Congress.

In this view of the Constitution, that political action is what removes his presidential immunity. As Business Insider noted flippantly in its headline: “President can have rival assassinated if Congress is OK with it.”

It's a silly example. But it makes headlines, and that's why the judge brought it.

During questioning from Judge Florence Pan, nominated by Biden in 2022, and one member of the three-judge panel from the D.C. Court of Appeals hearing Trump's case, one hypothetical scenario was raised about a president assassinating a rival as an official act ordering our Tier One SEALs to do it.

Of course, this deliberately absurd scenario ignores the fact that no American military unit or personnel would obey that clearly unlawful order. We are all duty, and legally, bound to ignore or refuse unlawful orders.

But Judge Pan asked anyway: “Could a president who ordered SEAL Team Six to assassinate a political rival, who was not impeached, would he be subject to criminal prosecution.”

To which Sauer replied: “If he were impeached and convicted first.” Judge Pan then said: “So your answer is no.” Sauer repeated his point by saying: “My answer is qualified. Yes. There's a political process that will have to occur under the structure of our Constitution, which would require impeachment and conviction by the Senate in these exceptional cases…”

This elicited a shocked response from opposing counsel, reported the New York Post: “What kind of world are we living in” if a president could use the state to assassinate a political rival and not be prosecuted for it, asked assistant special counsel James Pearce.

Pearce, arguing on behalf of special counsel Jack Smith, added that it would be a “frightening future” if a president couldn't be held accountable for crimes and said the sweeping presidential immunity that Sauer was suggesting would put a commander-in-chief “above the law.”

But Sauer fired back later, saying: “The frightening future [Pearce] alleges where presidents are very, very, seldom, if ever, prosecuted because they have to be impeached and convicted first is the one we have lived under for the last 235 years.”

“That's not a frightening future. That's our republic.”

Sauer then made the more important constitutional point that the founders were much more worried political opponents using criminal prosecution to discipline presidents.

He added:

They were much more concerned about the abuse of the criminal process for political purposes, to disable the presidency from factions and political opponents. And, of course, that's exactly what we see in this case.

Using a more realistic scenario of a president selling pardons, which Judge Pan also brought up, Sauer said:

…the sale of pardons example is an excellent example, because there were allegations about a sale of a pardon, essentially, when it came to President Clinton's, uh, pardon of Marc Rich and the US DOJ, carefully and for the very reasons we've emphasized in our brief, decided not to prosecute President Clinton with that because it raised concerns about whether or not a president could be prosecuted for his official acts…

Perhaps these judges, and the media should focus on these more realistic scenarios, and try to better understand the founders' intent, rather than make up nonsense about a president openly and “officially” killing his rival and getting away with it.

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

READ NEXT: Epstein's Brother Drops Nuke On Fmr. Republican Star

Security

0 views
American Liberty News

Gold Star Families Honor Fallen Heroes At RNC, Slam Biden’s False Claims

The Republican National Convention (RNC) saw a heart-wrenching presentation on Wednesday night
- July 18, 2024
0 views
American Liberty News

Trump VP: JD Vance Wants To ‘Fire Every Single Mid-Level Bureaucrat’

WEDNESDAY PDB – Fire every single mid-level bureaucrat: Vance on federal employees. “I
- July 17, 2024
0 views
American Liberty News

Investigations And Calls For Calm In Aftermath Of Trump Assassination Attempt

TUESDAY PDB – After attempted Trump assassination, veteran groups urge calm. Nineteen veterans’
- July 16, 2024
0 views
American Liberty News

Trump Will Make US Military World’s ‘Most Modern, Lethal And Powerful’

MONDAY PDB – The US needs to rebuild its military might. Trump and
- July 15, 2024

Foreign Affairs

0 views
American Liberty News

Former CIA Analyst Charged For Acting As Secret Agent For Foreign Country

The Justice Department has indicted a former CIA analyst and a senior
- July 18, 2024
0 views
American Liberty News

Report: Biden Skipped Crucial Meeting Because Of Early Bedtime

The Wall Street Journal reported Wednesday that President Joe Biden declined an
- July 10, 2024
0 views
American Liberty News

The French Revolution: Part Deux

French Prime Minister Gabriel Attal announced his resignation following the victory of
- July 10, 2024
0 views
American Liberty News

Columbia University Addresses Antisemitic Texts From Administrators

Columbia University has finally addressed the issue surrounding the three deans who
- July 10, 2024

Business & economics

0 views
American Liberty News

Elon’s ‘Final Straw’ To Cost California Millions

Elon Musk has announced that he will move the headquarters of X and
- July 18, 2024
0 views
American Liberty News
0 views
American Liberty News

Congress Investigating Whether Woke Activists Broke Federal Tax Law With ESG Investment Schemes

A key congressional committee is now investigating whether a liberal activist scheme to
- June 25, 2024
0 views
American Liberty News

Elizabeth Warren For Fairness?

Today, U.S. Senator Elizabeth Warren, also known as the fake Indian, will speak
- June 17, 2024

heath & science

0 views
American Liberty News

Matt Gaetz’s RNC Appearance Sparks Online Frenzy

Florida Rep. Matt Gaetz finds himself at the center of yet another social
- July 18, 2024
0 views
American Liberty News

Lou Dobbs Dead At 78

Former President Donald Trump announced the passing of well-known cable news personality Lou
- July 18, 2024
0 views
American Liberty News

Top Biden Aides Anticipate Imminent Withdrawal From Presidential Race

According to new reporting by Axios' Mike Allen and Jim VandeHei, leading advisers
- July 18, 2024
0 views
American Liberty News

DNC Delays Biden’s Nomination Process Amid Growing Concerns

A Shift in Plans: Biden's Nomination Timeline The Democratic National Committee (DNC) has
- July 18, 2024

American Liberty Arms

13-Year-Old Arrested For Shooting Liquor Store Clerk

California's gun control laws have blocked hundreds of thousands of lawful residents from being able

Watch Lists: Fighting Those Who Track Gun-Related Credit Card Purchases

NSSF, The Firearm Industry Trade Association, applauds Indiana Gov. Eric Holcomb and Utah Gov. Spencer

Secret Service’s Justification For Sniper Positioning At Trump Rally Suggests Incompetence

In an interview with ABC News, United States Secret Service (USSS) Director Kim Cheatle stated

Judge Blocks Release Of Killer’s Journal

For well over a year, journalists and Second Amendment groups have been fighting for the

At American Liberty News, we eschew the mainstream media’s tightly controlled narrative to provide our readers with real news, real insights, and the means to take action. We seek out insightful coverage – and partner with knowledgeable and experienced people and organizations to bring you the information and insight our readers demand.

 

We humbly seek to provide the tools and information necessary for our readers to decide for themselves what is true and what is right.

American Liberty News ©2022

Evolution Digital Media  |   1900 Reston Metro Plz  |  Suite 600  |  Reston, VA 20190