• jordanlund@lemmy.worldM
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    5 months ago

    That’s the thing, for the executive branch, passing laws is not an official act. It’s outside that branch of government. That’s what the Legislative branch does.

    It would be like Biden overturning a court ruling. That’s the Judicial branch, not your dance.

    • xenomor@lemmy.world
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      5 months ago

      I get it. This is how government functions according to the constitution. Please understand however, under this new interpretation there is no effective legal check on the executive doing anything at all. Yes, it’s not official for the president to do that, but there is no enforcement mechanism, and the president now has authority to coerce anyone or any institution. I know it is difficult to grasp the implications of that, but that is in fact what the Supreme Court did today.

      • DarkCloud@lemmy.world
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        5 months ago

        That’s the plan right, that’s part of Project 2025, to instantiate Unitary Executive Theory to make everything they do legal regardless of courts and impeachment trials.

    • DarkCloud@lemmy.world
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      5 months ago

      So in your opinion, did they just reaffirm something like the presumption of innocence but it’s tailored for someone who’s job it is to sometimes order the deaths of people? So he has “The presumption of immunity” when making otherwise illegal orders, until it’s otherwise determined by a court case, or impeachment hearing? Is that what’s going on?

      • jordanlund@lemmy.worldM
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        5 months ago

        It protects any official action.

        So, for example, the notorious drone strikes that Obama ordered which killed a bunch of innocent people.

        As commander in chief, that’s an official act, he would have immunity.

        Bush and Abu Ghraib torture? Same.

        • Monument@lemmy.sdf.org
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          5 months ago

          Bear in mind that the drone strikes are less attributed to Trump because he revoked or ignored accountability rules and authorized the CIA and defense department to conduct drone strikes without seeking authorization from the White House.

          It’s easy to assume that Trump was ‘better’, but nope. He was much, much worse. He just hid the evidence and delegated the crime to others.

          Under Donald Trump, drone strikes far exceed Obama’s numbers – Chicago Sun-Times

          • jordanlund@lemmy.worldM
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            5 months ago

            Oh, I never meant to bring Trump into it, just that Obama continued Bush’s drone program and in a perfect world it would have all been illegal… but not if the President does it. ;)