Former President Trump’s legal team suggested Tuesday that even a president directing SEAL Team Six to kill a political opponent would be an action barred from prosecution given a former executive’s broad immunity to criminal prosecution.
The hypothetical was presented to Trump attorney John Sauer who answered with a “qualified yes” that a former president would be immune from prosecution on that matter or even on selling pardons.
I mean, it’s not something he himself said, so they don’t even really need to do that.
Basically, what happened was his lawyer was arguing that the only remedy for official actions taken by a president is impeachment; they can’t be prosecuted in court aside from that.
The judge said “a president ordering seal team 6 to assassinate a rival is an official act, yes?” Trump’s lawyer said “He’d quickly be impeached for that!”, then when pressed more, something about Marbury v Madson presupposing something or other, then finally when pressed for a yes or no as to whether he’d be immune from prosecution, said “qualified yes”.
The whole exchange is pretty bad and worth a listen.