America Is Now A Dead Country Walking & No, This Is NOT About Trump

Presidents are now immune for all crimes related to their office including killing anyone who might do something they don’t like

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Image by Nanne Tiggelman from Pixabay

By David Grace (Amazon PageDavid Grace Website)

Will You Actually Notice When You First Contract A Fatal Disease?

If in 1984 an ER doctor got a needle-stick from a patient profoundly infected with AIDS, he might have still felt fine the next day, the next week, or the next month, but in reality he was a Dead Man Walking.

Today we think that we have a free country with a relatively honest criminal justice system; that we have and will have free elections, and we have the firm expectation that we will always be able to freely vote and choose our government. But we don’t.

Like that post-needle-stick doctor, right now, the United States of America is a Dead Country Walking.

Not About Trump

No, I’m not at all talking about whatever happens or doesn’t happen to Donald Trump. Put Trump entirely out of your mind. This is not about him at all.

Not Some Liberal Nonsense

And no, I’m not promoting some liberal or progressive cause. Every conservative and every libertarian should be just as upset as I am about the pending end of America as a free democracy.

Not Exaggerating

No, I’m not exaggerating.

In the same way that the finger-stuck doctor will tell you that it was just a little pinprick and s/he thinks s/he is healthy, there are people who will tell you that the recent Supreme Court decision granting all Presidents absolute, eternal immunity for all crimes they commit in connection with any claimed Presidential activity isn’t a big deal.

Those people are completely and entirely wrong. It’s the biggest deal possible.

All Presidents Have Been Granted A License To Have Anyone Killed

The Big Deal is this: The six Justices have just created a new law that grants all Presidents for all time the unfettered power to break any law and be forever absolutely immune from prosecution if they claim that the crime, including murder, was in the aid of their role as President or in aid of National Security.

Moreover, the Court ruled that it doesn’t matter why the President committed the crime. Their motive for committing the crime cannot even be inquired into.

And since the President controls the FBI and U.S. Attorneys, s/he can order that there be no investigation and that the actual trigger-man not be prosecuted.

The President can and, of course, will pardon all those who aided him/er in carrying out that killing.

These six people have granted all Presidents the power of a King.

If you’re a conservative or a libertarian and that doesn’t terrify you, then you need to stop claiming to be a conservative at all.

Who Might A President Order To Be Killed?

  • A journalist who threatens to report something that the President wants kept secret.
  • The owner of a newspaper or media company.
  • A potential presidential candidate or political rival.
  • A U.S. Senator who is going to vote against them.
  • A Governor.
  • A judge.
  • A justice of the Supreme Court.

It doesn’t matter who the President orders locked up, threatened or killed or why.

If the crime is related to the President’s so-called “core authority” the immunity is absolute.

If the crime is just related to the outer perimeter of the President’s duties and if the prosecution poses a risk that it might intrude on the operation of the Executive Branch, then immunity still applies (1) no matter what the crime was and (2) no matter why the President committed it.

The Default, Presumed “Outer Perimeter” Immunity Will Never Be Challenged In Court

Of course, there is no chance that there ever would be a prosecution challenging the claim of immunity in the first place because the President would simply order the Department Of Justice to never prosecute him/er and would order federal agents to intimidate, imprison or kill any state officials who might attempt to prosecute him/er.

But what would happen after the President left office? That assumes that the President ever leaves office. And if such a President did leave office, while still in office s/he would use their unfettered power to assure that the person who succeeded them would similarly order government officials never to seek to indict them.

In Trumps’ case the person he would install as the next President will likely be one of his sons.

Or, as Trump has claimed, the President could just pardon himself, which pardon the Supreme Court, then filled with justices he appointed after having the uncooperative justices killed or threatened into resigning, would, of course, uphold.

Or, the President could resign a day before the end of his term and have his former Vice President pardon him.

You don’t believe the Supreme Court actually gave the President the rights of a King? Read it for yourself.

Absolute Immunity

Justice Roberts:

We conclude that . . . a former President has some immunity from criminal prosecution for official acts during his tenure in office. At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute.”

Justice Roberts: “But once it is determined that the President acted within the scope of his exclusive authority, his discretion in exercising such authority cannot be subject to further judicial examination.

The President’s crimes can never be reviewed by any court.

When is the President absolutely immune from criminal prosecution?

Roberts:

When the President acts pursuant to “constitutional and statutory authority,” he takes official action to perform the functions of his office.

In case you haven’t gotten it yet, here is Roberts again:

We thus conclude that the President is absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority.

Default Presidential Immunity For Any And Every Crime

Roberts then grants the President a further default immunity (presumptive immunity) for crimes he commits while acting beyond his/er exclusive sphere of constitutional authority.

Roberts:

We conclude that the separation of powers principles . . . necessitate at least a presumptive immunity from criminal prosecution for a President’s acts within the outer perimeter of his official responsibility.

What acts are within the outer perimeter of a President’s official responsibilities for which he is immune by default?

Roberts:

The immunity we have recognized extends to the “outer perimeter” of the President’s official responsibilities, covering actions so long as they are “not manifestly or palpably beyond [his] authority.”

So, any crimes a President commits while doing anything that is not clearly and firmly beyond the outer perimeter of his authority are also, by default, immune from prosecution.

Since the President is always presumed immune for all crimes that are even slightly, arguably, related to the duties of the President, how would the courts decide if the specific crime the President committed was so unrelated to his/er role as President that the President was not immune from prosecution?

The President Is Immune Even For Crimes Committed Solely For His/er Own Personal Gain

Maybe if he committed the act for money, if he did it because he was bribed? Or he had someone killed out of anger or hatred for the victim? Or he had someone kidnapped or killed because they threatened his political position or stood in his way?

Can a court decide whether or not a President committed the crime inside or outside the scope of his official duties based on whether or not he committed the crime for the good of the country or for his/er own personal gain?

NO.

Why the President committed the crime — bribery, personal hated, political advantage — may not even be considered in determining if the default immunity still applies.

Roberts:

In dividing official from unofficial conduct, courts may not inquire into the President’s motives. Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.

Could This Automatic, Default Criminal Immunity Be Overcome

If the President’s motive for committing the crime is irrelevant to deciding if his default immunity can be overcome, what must a prosecutor do in order to overcome this presumption of criminal immunity?

Roberts:

. . . the President must therefore be immune from prosecution for an official act unless the Government can show that applying a criminal prohibition to that act would pose no “dangers of intrusion on the authority and functions of the Executive Branch.

So, in order to overcome a President’s presumptive immunity for a criminal act, the U.S. attorney must affirmatively prove that prosecuting him/er would pose no danger of any intrusion into the authority and functions of the Executive Branch.

What Crimes Can The President Now Legally Commit?

From Sotomeyor’s dissent:

This new official-acts immunity now “lies about like a loaded weapon” for any President that wishes to place his own interests, his own political survival, or his own financial gain, above the interests of the Nation.

The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution.

Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune.

Organizes a military coup to hold onto power? Immune.

Takes a bribe in exchange for a pardon?

Immune. Immune, immune, immune.

. . .

With fear for our democracy, I dissent.

More Examples Of Crimes For Which The President Is Now Absolutely Immune From Prosecution

  • Takes a bribe from a drug cartel in return for ordering the U.S. Attorneys to refuse to prosecute cartel members for any crime. Immune.
  • Orders ICE to allow the cartel’s drug shipments to enter the U.S. Immune.
  • Accepts a payment from an individual or corporation in exchange for ordering the EPA not to enforce pollution laws against that corporation, or ordering the Attorney General not to oppose a merger, or ordering a federal agency not to proceed with any regulatory action. Immune.
  • Orders the murder of anyone whom the President deems to be a threat to national security. Reporters. Police officers. Judges. Immune.
  • Delivers the nuclear launch codes to Putin in exchange for a large cash payment. Immune.
  • Delivers the identities of U.S. undercover agents to a cartel, crime organization or foreign government. Immune.
  • Accepts a payment from a criminal organization in exchange for disclosing the location of a protected witness. Immune.
  • Orders Federal agents to take a judge who will likely make a ruling contrary to how the President wants the judge to decide into custody until the judge agrees to rule the way the President wants. Immune.
  • Orders Federal agents to take a member of congress into custody until that person agrees to vote on legislation the way the President wants. Immune.
  • Intimidating a Supreme Court Justice into resigning
  • Having an uncooperative Supreme Court Justice killed

The President/Sociopath/Would-Be Dictator Cannot Be Removed From Office

Once the President/Sociopath/Would-Be Dictator is in office s/he cannot be removed because the President is absolutely immune for any hiring or firing of the Attorney General and any U.S. Attorney.

It won’t matter if the character of the court should change or some of the justices might change their mind about this invented immunity and want to overrule this decision because once the President/Sociopath/Would-Be Dictator is in office the Supreme Court will never have the opportunity to overturn this decision.

The President/Sociopath/Would-Be Dictator will remove any Attorney General and any U.S. Attorney who seeks to prosecute him/er or a former President. The President/Sociopath/Would-Be Dictator will remove or imprison any person who might aid in removing him from office.

The President/Sociopath/Would-Be Dictator will intimidate, incarcerate or have killed any judge who might rule against him.

The President/Sociopath/Would-Be Dictator will use his powers to prevent any person from having their election as President certified as Donald Trump has already tried to do.

Once the President/Sociopath/Would-Be Dictator gets into office he can do whatever s/he needs to do in order to stay in office and designate his successor and s/he will be forever absolutely immune from prosecution for any and all of those crimes.

The Supreme Court Will Be Unable To Revoke This Grant Of Immunity

And if somehow a case ever got to the Supreme Court, the President/Sociopath/Would-Be Dictator could have any Justice who might overturn the Roberts decision threatened, removed, imprisoned or killed on the grounds of National Security or the National Interest.

No more uncooperative judges or Justices, especially since the President/Sociopath/Would-Be Dictator would appoint the new judges and justices to take the place of the uncooperative ones whom he has frightened into resigning or has had murdered.

Roberts Has Failed To Comprehend How Dictators Hold On To Power

Roberts hasn’t thought about this invented absolute immunity even one step ahead. Roberts entire decision rests on the silly assumption that a sociopath would never be elected President in the first place.

How dumb is that?

When you give a sociopath free reign to commit any crimes he wants subject only to your veto, the first thing the sociopath is going to do is make sure that you will never get the chance to issue that veto. Duh!

The Roberts Court is like the silly old grandmother who tells her sociopath grandson that he’ll get $10 million when she dies and then is surprised a few days later when a hit man runs her over on her way home from Bingo. Duh.

These justices have put a target on the heads of anyone — reporters, government officials, legislators, prosecutors, members of law enforcement and judges — who get in the way of a President/Sociopath/Would-Be Dictator.

Why should a President/Sociopath/Would-Be Dictator who has absolute immunity for any crime he commits in the name of National Security not order the incarceration or murder of any reporter, legislator, official, prosecutor, judge or justice who might stand in his way?

What If Biden Took Advantage Of This Immunity?

Suppose Joe Biden was convinced that Donald Trump was going to become President; that once in office Trump was going to cut of military aid to Ukraine and thus let Russia’s invasion succeed; that in order to aid Russia Trump was going to destroy NATO, and that those things would be a massive blow to America’s National Security and foreign policy interests.

With these concerns for America’s future in mind, pursuant to his role as Commander-In-Chief of the U.S. Armed Forces, Biden ordered JSOC to have a team of operatives kill Donald Trump in the service of National Security and American Foreign Policy, secure in the knowledge that he was absolutely immune from prosecution.

When Trump was dead, Biden then issued Presidential pardons to all of the participants in operation.

If that happened what would the majority Justices think? — “Gee, maybe this wasn’t such a good idea after all,” or “We wanted the President to be able to take decisive action so Mission Accomplished.”

America Is Already Infected With This Fatal Virus

This new law invented by the six majority justices is, like the ER doc’s needle stick, an injection of a virulent, fatal virus into the American body politic.

This grant of an absolute Presidential license to take bribes, intimidate, imprison or murder reporters, law makers and judges is fatal to the United States as a free country; we just haven’t felt the full-blown disease yet because we don’t today have a President who is a sociopath/would-be dictator.

But it is inevitable that someday, maybe someday soon, we will.

This grant of immunity will, eventually, result in America electing Presidents in the same way that Putin is “elected” President and as Kim Jun Un is “elected” head of state.

No, don’t tell me I’m an alarmist, that the sky is not falling, that it can’t happen here. It already happened here on January 6th. It just wasn’t successful that time.

It’s Happened Before

A little history (edited) from Wikipedia:

In 1923 Hitler and his Nazi Party attempted to take power via an armed insurrection, but were thwarted by the police. Hitler was arrested, tried and convicted of treason. He was released after serving only nine months of a five year sentence.

His conviction for treason was in no way an impediment to his eventual rise to power, a lesson of history that the Court and the Democrats either don’t know or don’t remember.

On January 30, 1933, Hitler was appointed German Chancellor.

On February 27, 1933 the Nazis burned down the Reichstag, home of the German parliament in Berlin. Hitler claimed that the communists were responsible and he convinced the German Chancellor, Paul Von Hindenburg, to issue the Reichstag Fire Decree suspending all civil liberties. The police then arrested all the communist delegates to the parliament.

That Reichstag Fire Decree was the fatal finger stick for Germany.

Elections were held on March 5 but no communists were allowed to hold seats in parliament. Still the Nazis failed to gain a majority.

Hitler then submitted the Enabling Act to the newly elected parliament. When passed it would immediately grant all legislative powers to the cabinet and by extension to Hitler, making Hitler Germany’s dictator. But the Nazis still didn’t have enough votes to pass it.

In order to guarantee its passage, the Nazis implemented a strategy of coercion, bribery, and manipulation. The conservative elite, which included the vice-chancellor Franz von Papen, having miscalculated the true intention of the Nazis to monopolize state power, would soon be marginalized by the Nazi regime. Under the powers granted by the Reichstag Fire Decree, by mid-March, the government began sending communists, labor union leaders, and other political dissidents to Dachau, the first Nazi concentration camp.

The Enabling Act was passed on March 23, 1933, making Hitler German’s dictator.

Don’t tell me we can’t have a sociopath elected as President. Don’t tell me we can’t have a President who would do anything to gain greater wealth and retain his power.

We Were Never Supposed To Have A King Who Was Above The Law

This country was founded to get away from the idea of Kings who were above the law, but today the Roberts’ decision has granted all Presidents the rights of a King — complete and total immunity for all time, for any crime, including murder, that they claim to commit in connection with or related to the exercise of their role as President irrespective of whether they thought they were doing it for the good of the country or they were knowingly doing it solely for their own personal gain.

If you are a conservative and you believe in the rule of law, you should be horrified and terrified because sooner or later we’re going to elect that would-be King we thought we had forever escaped back in 1776.

And the ironic part is that we did this to ourselves.

— David Grace (Amazon PageDavid Grace Website)

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David Grace
Government & Political Theory Columns by David Grace

Graduate of Stanford University & U.C. Berkeley Law School. Author of 16 novels and over 400 Medium columns on Economics, Politics, Law, Humor & Satire.