Everyone seems to be missing the “in an official capacity” clause of the ruling. That is intended to force each of these cases to the supreme court, allowing them to rule what is and isn’t official capacity. Meaning, they can simply rule that Biden didn’t act in an official capacity and is not immune. The ruling is even more sinister than it seems on the surface.
He can make it official. He can make it as official as it gets. He can literally publicly sign this, in his office, with the press. Just because the constitution doesn’t explicitly say he can do it doesn’t mean it’s unofficial. The constitution barely mentions what authorities the president does and doesn’t have in the first place.
Obviously this will never happen, but good luck ruling that Biden did not act “in an official capacity” when he ordered their murder, after it has actually been enacted. I guess their replacements could do it but that won’t resuscitate their predecessors.
The decision specifically states any action involving “core responsibilities” is an official action and grants immunity. One of the core responsibilities of the president is commanding the armed forces. So by their decision any order given to the armed forces comes with immunity by default.
Everyone seems to be missing the “in an official capacity” clause of the ruling. That is intended to force each of these cases to the supreme court, allowing them to rule what is and isn’t official capacity. Meaning, they can simply rule that Biden didn’t act in an official capacity and is not immune. The ruling is even more sinister than it seems on the surface.
He can make it official. He can make it as official as it gets. He can literally publicly sign this, in his office, with the press. Just because the constitution doesn’t explicitly say he can do it doesn’t mean it’s unofficial. The constitution barely mentions what authorities the president does and doesn’t have in the first place.
Obviously this will never happen, but good luck ruling that Biden did not act “in an official capacity” when he ordered their murder, after it has actually been enacted. I guess their replacements could do it but that won’t resuscitate their predecessors.
The decision specifically states any action involving “core responsibilities” is an official action and grants immunity. One of the core responsibilities of the president is commanding the armed forces. So by their decision any order given to the armed forces comes with immunity by default.