this post was submitted on 14 Jul 2024
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[–] bostonbananarama@lemmy.world -4 points 4 months ago (2 children)

But he actually can't. He can't expand the court and he can't seat justices. You're just saying nonsense.

[–] grue@lemmy.world 5 points 4 months ago* (last edited 4 months ago) (2 children)

You really need to read Sotomayor’s dissent in Trump v. United States.

He may need Congress' "consent" for some things but he can Seal Team Six any Congressperson who doesn't "consent," so effectively he can do whatever he wants.

[–] MegaUltraChicken@lemmy.world -1 points 4 months ago (2 children)

You're completely missing the fact that the final arbiter of what consists of an "official act" is SCOTUS. They can unilaterally decide (and will) that Biden's actions are not official acts and therefore not immune. They won't apply the same standard to conservatives, I promise you that.

[–] NuXCOM_90Percent@lemmy.zip 2 points 4 months ago

The SCOTUS is the final arbiter.

The SCOTUS that got smeared across the wall by seal team six and are being replaced by people who will say "Well, that was legal at the time so no harm, no foul. Now let's get rid of that fucking insane decision and fix this country, shall we?"

[–] grue@lemmy.world 1 points 4 months ago (2 children)

You’re completely missing the fact that the final arbiter of what consists of an “official act” is SCOTUS.

You're completely missing the fact that if Biden were to actually use the powers SCOTUS granted him to their fullest effect, the three liberal justices would be the only ones left alive.

[–] MegaUltraChicken@lemmy.world 0 points 4 months ago

No I'm not missing that at all, it's insane and not remotely helpful. It's pretty goddamn naive to think that assassinating 2/3 of SCOTUS somehow puts us in a better position to fix the country but you do you.

[–] jhymesba@lemmy.world -1 points 4 months ago

First, do you think Seal Team Six would carry that order out?

Do you think Seal Team Six wouldn't possibly take Biden out after he gave that kind of order?

Do you think that some members of Seal Team Six might be highly Conservative and loyal to Trump and the Supreme Court, and not to Biden and an order to take out the Conservative Justices?

Do you think Team Red would idly stand by while Biden orders the assassination of the leaders they knuckled down for TWO DECADES to get installed?

Pro-tip: You're on loony island right now. What will happen here is that Seal Team Six would reject the obviously illegal order, report it, and Biden would have horrible egg on his face. There's a damn good chance that he'd then either be 25ed away, or outright impeached for illegal orders, and then arrested and tried for attempted murder, completely bereft of any of the protections you think he has. Trump would then sail easily to election over a Harris ticket, simply by pointing out that he was right all along and Biden and the Democrats were bloodthirsty murderers just looking for an opportunity to kill Republicans and impose a Socialist Communist Dictatorship on Mama's Apple Pie and all the Bald Eagles in the world. And then we'd get a REAL Fascist Dictatorship where Republicans could roam the country looking for people they don't like and oppressing them.

And you really have to disrespect Biden to think he'd even BEGIN thinking about doing this. The man's a good person. He's not looking to join Team Republican in the new Fascist paradigm.

[–] bostonbananarama@lemmy.world -1 points 4 months ago (1 children)

You really need to read Sotomayor’s dissent in Trump v. United States.

I have.

He may need Congress' "consent" for some things but he can Seal Team Six any Congressperson who doesn't "consent," so effectively he can do whatever he wants.

  1. He wouldn't. 2. If he did he'd be prosecuted. 3. This was never meant to allow Biden any power, R is the in group, D is the out group. 4. Republican ideology doesn't treat in and out groups the same, the rules are different.

So please stop.

[–] grue@lemmy.world 1 points 4 months ago (2 children)
  1. If he did he’d be prosecuted.

By who, a SCOTUS well within Seal Team Sixing distance?

You claim you read that dissent, but you clearly do not fully understand it.

[–] NuXCOM_90Percent@lemmy.zip 3 points 4 months ago

No no no, you see: Democrats can't do that because it is... perfectly legal?

And obviously the replacements would vote along republican party lines to make it clear that ruling was specifically for trump.

I don't know what that person's problem is but it is pretty clear they are actively arguing in favor of rolling over for the republicans.

[–] bostonbananarama@lemmy.world 0 points 4 months ago (1 children)

By who, a SCOTUS well within Seal Team Sixing distance?

No, the DoJ and the FBI, you know, the entities that prosecute people.

Immunity doesn't make something legal, it simply puts the person beyond the reach of the law. You're talking about a commander-in-chief using the military against citizens on US soil. All members of the military are trained to reject unlawful orders.

So first you're assuming seal team six accepts and carries out an unlawful order. Then the entire DoJ ignores it, or is murdered, until they accept it. Then any legislators or justices that attempt to rein in such power are also assassinated. That's what is required for your idea to make sense.

Guess what, SCOTUS is irrelevant to the calculation. Assuming you have all those things above, it doesn't matter if SCOTUS conveys immunity or not. That president is beyond the bounds of the law anyway, with or without immunity.

[–] grue@lemmy.world 3 points 4 months ago (1 children)

No, the DoJ and the FBI, you know, the entities that prosecute people.

You mean the entities that Biden, as head of the executive branch, could control as he sees fit (under the "unitary executive" theory underpinning the conservative SCOTUS judges reasoning)?

You're really, really relying on this notion that the noble bureaucrats won't comply, and also won't get replaced with lackeys who would. With Biden as president, you're likely right -- but the power is there for the next person to hold that office to take. Unless Biden does something drastic to force SCOTUS to overturn themselves, anyway.

[–] bostonbananarama@lemmy.world 1 points 4 months ago (1 children)

You're really, really relying on this notion that the noble bureaucrats won't comply, and also won't get replaced with lackeys who would.

No, I'm being realistic. It's a system of checks and balances, but it only works when you have a sufficient number of good faith actors. When you have a sufficient number of bad faith actors, or those willing to go completely over-the-top in their corruption, the system doesn't work. Immunity, at the end of the day, is a moot point against that level of bad faith malfeasance, a point you choose to seemingly ignore.

[–] grue@lemmy.world 1 points 4 months ago (1 children)

WTF? I'm not ignoring it; the entire point of my comments has been pointing it out. SCOTUS enshrined that bad faith malfeasance, and Biden using it against itself is now the only way to stop it.

[–] bostonbananarama@lemmy.world 1 points 4 months ago

WTF? I'm not ignoring it; the entire point of my comments has been pointing it out.

You're ignoring that Biden won't do it, Dems wouldn't allow him to do it, and the bad faith actors in place aren't Democrats. So no one, at any level, is going to allow Joe Biden to take any of those steps.

[–] thestar@mastodon.social 1 points 4 months ago

Exactly congress will atleast control some things, like the flow of money.