General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFor all our fantasizing about Biden ordering Seal Team 6, here's what he really needs to do ASAP:
Last edited Tue Jul 2, 2024, 11:22 AM - Edit history (1)
Address the nation in prime time, about this SCOTUS ruling.
Biden needs to outline the immunity and powers the ruling gives the president, including the ability to assassinate opponents.
He needs to compare this ruling to Germanys enabling act, and how it sets the stage for Americas descent into dictatorship.
He should specifically label this ruling as a threat to democracy.
He should call out Thomas and Alito as two supporters of the insurrection who refused to recuse.
He should announce proposed legislation, and perhaps even constitutional amendments on court reform and presidential accountability, and call on Americans to pressure congress to pass/ratify them before the summer recess/Labor Day.
Biden should then state, unequivocally (using his best Dark Brandon/Clint Eastwood glare), that if congress doesnt act, using the powers vested in him by the constitution and the Supreme Court, he will.
UPDATE, Tuesday 7/2:
Sadly, Biden's response yesterday was, IMO, woefully inadequate; in addition, according to Rolling Stone, the WH also released a statement yesterday reaffirming Biden's opposition to expanding SCOTUS.
Elessar Zappa
(15,421 posts)Think. Again.
(17,115 posts)...this all needs to be brought to a quick and decisive end, and the supreme court just handed him the right to do whatever he must to accomplish that.
dawg
(10,707 posts)BComplex
(8,980 posts)That's the best official act he could possibly come up with!
Zeitghost
(4,267 posts)It prevents him from being prosecuted for exercising power he doesn't have. It's a get out of jail free card, it doesn't make his illegal acts binding in court.
gab13by13
(24,588 posts)President Biden should go on national TV and forcefully state that if he breaks any law while serving as president he deserves to be indicted. He should make a point of saying that he plans on following all of the laws that everyone else has to follow.
That's what I would do if I were Joe. We have an election to win before we can set Joe loose.
Fiendish Thingy
(17,982 posts)Biden could say what each of us proposes, without any legal, ethical, moral or even semantical contradictions.
Its only what he implies in my last suggested line that approaches a gray area, and thats the point , to get America and the media speculating (which is what they do best) what might Biden do, what does the new ruling permit him to do without legal consequences?
jaxexpat
(7,621 posts)If elections are gonna matter anymore, that might help.
triron
(22,240 posts)He shouldn't say he deserves to be indicted. Anyway, we already know that Trump plans on indicting him for unspecified crimes, if he wins. Joe shouldn't encourage him.
wnylib
(24,103 posts)It is the wake up call that the country needs. It is the equivalent of JFK's speech to the nation in 1962 regarding Soviet missiles in Cuba. The difference is that in 1962, the threat to the nation was external.
Today the threat is internal and that is even more dangerous because we had the means to deal with the missile crisis through negotiations, with the support of our allies and the vast majority of Americans. Today, there is external, foreign support for the destruction of our democracy from a hostile nation - the same nation that threatened our security in 1962. There is an entire political party within the US that is aligned with that destruction of American democracy.
This is a situation that calls for exactly what the OP says. Lay it all on the line before the American people. Say out loud exactly what is going on and what the same kinds of actions led to in the fascist takeover of Germany.
Codifer
(745 posts)The situation is dire.
And, I remember the 1962 speech. I was 18 and very concerned.
BComplex
(8,980 posts)And then the rest of the candidates for 2024 can talk about electing Democrats for the House and Senate so we can get the supreme court reeled back in to actually doing what a supreme court is supposed to do.
delisen
(6,403 posts)I think the coup is almost complete. The insurrection is still in motion. We can now clearly see the whites of their eyes and it is time for the political but non-violent equivalent of the Battle of Bunker Hill.
Trump has been playing the the role of what the Russians used to call, the Useful Idiot.
The cabal on the Supreme Court are not beholden to Trump. The are beholden to The Federalist Society and the the old patrician branch of the Republican Party that was centered around the Bush family. They will all dump Trump as soon as he is no longer useful.
Our options now are limited but there is still a path forward to save our democracy.
I think what you are proposing will be seen by Leo and the Federalist Society, the Federalist Society justices, and Republicans, as Biden naively surrendering
uponit7771
(91,355 posts)Bluethroughu
(5,635 posts)Reverse every ruling they made before the election.
wnylib
(24,103 posts)that would not be an official presidential act.
But, appointing additional SC justices would be. So let's give Joe the Dem majority in the Senate to confirm more SC appointees. And give him the Dem majority in the House that we need in order to have a Congress that supports Biden's policies.
Bluethroughu
(5,635 posts)The Supreme Court gave themselves all the power, but a King has immunity, so he can remove them and appoint others to roll back the rulings these traitors have done for bribes.
Then hold them accountable for their co-conspiracy against the Constitution and giving aid to insurrectionists.
wnylib
(24,103 posts)The Constitution does separate the 3 branches of government and sets up a system of checks and balances.
Should we throw away the Constitution just because the SC has? That would accelerate the lawlessness that the court is creating.
usaf-vet
(6,783 posts)The question is, will Biden use that power before the election to lessen the chance DJT will escape AND get elected in 2024?
How about two simple things Biden could do?
Enter two official orders now. 1. no convicted felon can run for office. 2. no felon can hold a top-secret clearance.
Or is this going to be the second narrowly structured Supreme Court ruling that only advances a Republican, Bush v. Gore being number one?
Bluethroughu
(5,635 posts)I said King Biden under Official acts, can remove the Supreme Court, appoint, new members, and roll back all the rulings they've made that have taken away the separation of powers between the branches and give the people back the EXPRESSLY written Constitution they were given before these rulings in the last year that have been contrary to what it says.
Biden will then no longer be King, and we will have a group of people that uphold the law and our Constitution not tear it down for a bribe.
wnylib
(24,103 posts)The means that you suggest would create an instant call to battle for the civil war that the maggots have been pushing for.
There are other ways to address the situation that I think are better, although they would take longer. The first step, IMO, is to get the majority of the nation alert and aware of what is happening with this ruling. DU poster Fiendish Thingy made the following suggestion that I agree with:
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=19085200
lostnfound
(16,536 posts)This is the American public we are talking about here.
I wish the idea didnt make me laugh, but it really does now.
wnylib
(24,103 posts)So most Americans do not see the larger picture of what is going on. They hear about Trump's trial and conviction but don't understand what he was convicted for. They hear about corruption on the SC but shrug and think that a lot of people in government are corrupt.
Americans hear Trump being called fascist by those of us in the left, but do not really know what fascism is. They hear that Trump accepts support from neo Nazis and think, "So what? That's not all Republicans." Or, they say (and I've personally heard this), "Don't exaggerate. Nobody is running death camps here and it could never happen in the US." That came from ordinary Dems in my community.
But, connect the dots, give some parallel examples to the beginnings of fascism in 20th century Europe and they get the bigger picture beyond the bits and pieces that occur in the news.
You can't carry out a successful resistance without most or at least half of the population fully on board with you about the seriousness of the danger that we face.
edisdead
(3,250 posts)a civil war of one making or another. I would argue that we are already in it but I dont believe it is a civil war. This has the rank smell of foreign influence.
wnylib
(24,103 posts)We are headed toward an inevitable head on collision between the two factions in the US this year. When it comes, we will have to act quickly and decisively, even if that means defying the courts at the time.
Prior to that, we need to have as many supporters as possible lined up behind us. The time for gaining those supporters is now, through straight talk to the public about exactly what is happening. Biden's speech on the SC ruling today addressed that.
Fiendish Thingy
(17,982 posts)A president cant act with impunity as long as there those who will refuse to implement his orders.
Bluethroughu
(5,635 posts)Acts done while in office. King Joe can commit official acts, while in office, like removing the justices and appointing new ones...he's in office so no worries.
Fiendish Thingy
(17,982 posts)Just because Biden or any president is immune from criminal prosecution, doesnt mean the other branches of government bend to his will.
Expanding the court and confirming new justices requires the cooperation of the legislative branch. If they refuse to go along, how do the new justices take their seats.
Bluethroughu
(5,635 posts)He can declare the Supreme Court filled with corrupt bribe taking Constitution breaking justices. And in order to save Democracy remove and appoint new justices. Then those justices roll back all the rulings over the last 4 years.
Biden will then be President, Constitution intact, Democracy upheld and kingdom put to rest.
Fiendish Thingy
(17,982 posts)Again, you are confusing the immunity from criminal prosecution with the power to act with unobstructed impunity.
Justices must be confirmed, then sworn in.
Biden cant force anyone to accept his nomination to a vacancy that doesnt legally exist, nor can he force a judge (it can be any judge) to swear in a Justice not confirmed by the senate.
The scenario you describe would require extra-legal complicity by the very people we would expect to restore the rule of law.
Bluethroughu
(5,635 posts)That includes SCOTUS members, Congressmen, and lower court jurists.
Our Democracy is one person, trump or worse, away from ending.
This immunity ruling, Chevron, Dobbs, and Fischer, among the many others over the last 4 years are breaking our Constitution of
WE THE PEOPLE!
People are NOT corporations, they are not enumerated in the Dennicial census as our Constitution says the people are to be enumerated.
Fiendish Thingy
(17,982 posts)How does Biden enact your fantasy if he doesnt get the unwavering cooperation from those tasked with carrying out his orders?
Zeitghost
(4,267 posts)Even under this ruling. He just can't be charged criminally for attempting to do so if that is a crime. This does not expand the constitutional powers of the President.
soldierant
(7,773 posts)not everything a President does is an official act.
Unfortunately thay did not specyfy any examples.
IANAL, but I would think that, for instance, the assassination of Bin Laden was an official act.
The assassination of any American citizen for personal gain would not be an official act.
Fiendish Thingy
(17,982 posts)Who is going to carry out his orders- just how will he remove justices?
plantwomyn
(877 posts)Just remove 4 and leave 5, instant liberal majority.
But HOW they are to be removed is the rub...
I suppose if the SCOTUS ruling is taken to the full extent of its horror, Biden can just make up crimes against 4 Justices and have them indicted and incarcerated without bail by the DOJ.
Judging [pun intended] from the selective foot dragging this Court has practiced, those 4 Justices could be pounding sand waiting for a ruling from the sitting SCOTUS while they concentrate on more pressing issues.
wnylib
(24,103 posts)The question is, which one doing the action has the greatest support? Biden will need to have his supporters lined up behind him if he decides to take emergency action.
edisdead
(3,250 posts)What checks and balances???
They just spot in our faces
Is it lost on you that they just ruled that they can accept payment after a ruling right before they made this ruling? THEY ARE PART OF THE COUP! There is no lore separation of power. There are no checks and balances.
In case you missed it THEY gave themselves the power to deem what is an official act. ANYTHING that they dont like they can deem to be not an official act and therefore potentially punishable criminally.
This was game over my friend. All the rules have been shat on, lit on fire, and thrown out the window and somehow people think they mean something.
The constitution doesnt mean a fucking thing to these people and they have all the power.
Unless drastic measures are taking it is game over for the U.S.
wnylib
(24,103 posts)I'm not.
I am fully aware of what has happened and what it means. I have posted on another thread about the coming head on violent collision this year between MAGA and pro democracy factions. I have called for a response that would mean defying courts when it happens.
Prior to that, it is essential to have as many people in our camp as possible to back Biden and the rest of us for when it happens.
Biden's speech today about the SC ruling and what it does to democracy was aimed at that kind of support. He is gearing up for what is ahead.
Bluethroughu
(5,635 posts)We are just throwing out options to save Democracy.
We are long past trying to negotiate with the insurrectionists and their supporters in Gov and elsewhere.
We have the power, of the people, of what is just, and want Democracy executed through our Constitution.
The other side failed their coup, but kept fighting for the dictatorship, their supporters have put in place, for gifts and money. They sold us out.
It's time to use the power we have been given to get us back to a Democracy. If you think any Republican in the GOP is going to help, you haven't been paying enough attention.
Bluethroughu
(5,635 posts)This IS about offense now. Solutions to save our Democracy, government, and future.
Remove these 6 corrupt judges that traded cheaply our Constitution for authortarian oligarchs.
Overturn Every ruling over the last 4 years, which returns the power to 3 branches of government elected by the will of the people.
Zeitghost
(4,267 posts)He does not have the power to appoint Justices or expand the court. Any order he gave doing so would quickly be struck down.
John Farmer
(190 posts)Whichever SEAL team has some free time....
Wicked Blue
(6,520 posts)Orrex
(63,903 posts)Any attempt by Biden to call out the terminally corrupt SCOTUS justices will backfire; the media will attack him for it (suggesting that he hoped for the courts to eliminate his opponent) and Trump will jump in to paint himself as the law and order president--an image that our well-trained media will be happy to reiterate 1,000 times an hour from now until election day.
wnylib
(24,103 posts)regardless of the spin that the media and the orange maggot would put on it. Lay it all out for the American public and let them see truth versus lies. An open showdown is coming anyway, whether we speak of it openly or not. Keeping quiet now would amount to appeasement and we know from history how that ends up.
Orrex
(63,903 posts)I hope that you're correct.
wnylib
(24,103 posts)would respond well to having the situation clarified for them. Not many people follow political situations and decisions like we do. They lack the information to see the greater picture or to sort through the meanings of court decisions and how they affect us, except for cut and dried ones like banning abortions.
But, even with Biden's performance in the debate, several members of focus groups, especially Blacks and Hispanics, perceived Trump as a liar and Biden as an honest man that they can trust. Several others saw it that way too, according to the donations that poured in to Biden afterward.
So, yes, speak plainly and honestly to the public to get their awareness of what is happening and their support to protect democracy.
Bill Cinton said that the American people sometimes are misguided, but in the end, they get It right. That's especially true if they have a straight talking leader on their side.
flying_wahini
(7,939 posts)Just because Biden could do those things we all know he wont take advantage of it.
The playing nice faction got us here. If we arent willing to take advantage of the new ruling then its on
Us.
Orrex
(63,903 posts)When they go low, they go on to seize control of the courts and steal the Whitehouse.
I abhor the initiation of violence, but the SCOTUS and others on the Right are speedily pushing us to the point of by any means necessary.
Otherwise, people will stop talking about the good Germans and will instead discuss the feckless, complacent Americans who should have known better.
proud patriot
(101,050 posts)et tu
(1,861 posts)but i think we need to wait and see what
constitutional minds think is the best course of action-
but act we must because you know the rw extremists
are already planning what they are going to do~
Emile
(28,678 posts)Takket
(22,425 posts)Use the bully pulpit and demand change. Point out that SCOTUS has potentially made him a God. Ask rethugs if they are cool with that
We need to clearly define through the legislation WHAT official acts are. We can expect to spend months or years debating everything a president does in court.
usaf-vet
(6,783 posts)My question is, Will he do it before or after the election?
Before hopefully. After, hopefully, as well.
But what worries me is the fix-in (I don't know what or how) to ensure DJT IS going to be the next president.
0rganism
(24,527 posts)And with 13 federal court districts, there's ample reason to do so.
Make it a platform plank at the convention. Campaign on this issue. People are sick and tired of the ridiculous SCOTUS bullshit.
TBF
(33,972 posts)0rganism
(24,527 posts)Time for some "Official Acts" by the current president
Zeitghost
(4,267 posts)It's not unlimited power, it's being free from criminal prosecution. His illegal acts would still be struck down, he just wouldn't be punished for them.
TheKentuckian
(25,781 posts)The flaw is wanting to go crazy but not fully committing.
Immunity would set up the possibility of creating some openings to be filled.
There is no legal penalty for appointing Justices without advise and consent because there is no way to do it for there to be a penalty to get relief from.
0rganism
(24,527 posts)The court can be expanded through standard democratic procedures if needed. No extra-special Trumpy-dictator bullshit required if the elections go well for us.
Otherwise, as you say, some vacancies might suddenly arise.
flying_wahini
(7,939 posts)And sic the IRS on Leonard Leo and others to find out who else he bribed. Go after their KING.
orangecrush
(21,240 posts)somaticexperiencing
(535 posts)kelly1mm
(5,047 posts)how they could not image a situation where CA and TX formed an alliance? The present discussions here on DU about 'Seal Team 6' and removing sitting justices by Presidential fiat make that CA and TX alliance believable IMO.
I know that a lot of the posts are just emotional reactions in the moment but I am increasingly alarmed that both sides of the political aisle would really be in favor of a 'benevolent dictator' of their political team.
Bluethroughu
(5,635 posts)The Supreme Court has used the Constitution as toliet paper. ARTICLE 14 SEC 3 the orange fungus was adjudicated an insurrectionist.
He should NOT BE RUNNING FOR ANY OFFICE.
He should be in prison, but the not so Supreme Court gave him immunity and allowed him to run for office. They are traitors going to give him the Presidency. Biden beat his scummy ass by over 7million votes!
It's not the Supreme Court, it is the bribe-a-rama nilhilst club.
Liberty Belle
(9,600 posts)Also to mandate ethics and conflict of interest rules, with recusals mandatory. Hell,make it retroactive.
Require that Supremes who violate these rules forfeit their federal pensions.
Mandate that all Supreme Court hearings be televised.
Fiendish Thingy
(17,982 posts)Separation of powers and all that.
People are mistaking immunity for impunity.
All this ruling means is the president cant be prosecuted criminally for official acts.
It doesnt mean nothing can stop him- a court order that is obeyed by law enforcement, a military that wont obey unlawful orders.
Of course, in an administration filled with Good Germans, anything is possible.
onenote
(44,202 posts)Just because the president is in office, doesn't make everything he does an 'official' act. The acts have to be within the constitutional realm of his powers. For example, with respect to those claiming he can just remove current justices and/or name replacements or additional justices: The Constitution states in Article II that the president shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court.
Evolve Dammit
(18,346 posts)bucolic_frolic
(46,512 posts)That would play right into the RW hands and almost all of it has a near zero chance of passing. so back to the drawing table
and I never did understand if drawing table was an engineer's/architects sort of thing, or a butcher's block, or a reference to medieval surgery
so please elaborate
Dave Bowman
(3,476 posts)Joinfortmill
(16,219 posts)SayItLoud
(1,727 posts)He needs to do something loud, dramatic and impactful to show the SC AND voters just what doors they have opened. If he doesn't and just blathers about Democracy he will appear weak and IMO lose votes. Put it to the TEST, right now, don't kick it down the road. NOW.
Sasquatchliving
(8 posts)Evolve Dammit
(18,346 posts)CaptainTruth
(7,160 posts)Google "1973 OLC memo" & there's plenty of info on it.
It seems like a lot of folks have forgotten about it.
SupportSanity
(992 posts)Like a great diamond jeweler, he has to cleave this diamond in exactly the right place to make it many beautiful stones.
If he comes off weak, he will again disappoint his base. If he starts explaining the decision with FOLKS, I will tune right out.
I don't think he should talk about the SC decision at all. I think he should just make that one unbelievably emportant executive order.
One man's opinion.
And don't forget. WWDD - what would Donald do? Because he would do it.
Fiendish Thingy
(17,982 posts)And how weak would Biden look if those tasked with carrying this order refused?
Not to mention he would definitely be impeached.
SupportSanity
(992 posts)"And how weak would Biden look if those tasked with carrying this order refused?"
Plan your work and work your plan.
If it's the right Executive Order, that won't be an issue.
"Not to mention he would definitely be impeached."
That would depend on the Executive Order.
I compare the right Executive Order to cleaving a diamond because of the extraordinary amount of knowledge & experience required for it. One wrong blow can result in many useless pieces of diamond. However, if you've studied a diamond for a solid year and know it inside & out, you can watch the result of all that work here:
Fiendish Thingy
(17,982 posts)And you havent mentioned how many people would be required to carry it out.
SupportSanity
(992 posts)This is the end of our branch of the discussion.
Fiendish Thingy
(17,982 posts)aka-chmeee
(1,152 posts)of a trial in which TSF was the defendant, should awareness of their indebtedness (lifetime employment, very little actual labor with generous payment plus all they can extort) to the defendant be sufficient to dismiss them from the jury pool... or just consider it related to the "post-crime bribery" gratuity and select them for jury service?
I'm confused.
Skittles
(157,978 posts)just asking
Diraven
(968 posts)Is that the SCOTUS didn't actually give *Biden* any power. They just said a lower court could determine whatever actions he took were official or not, and if that court agrees with Biden that they are official it would get appealed back up to the SCOTUS who would rule they are not official, because Biden is not Trump. This way they ensure that *only Trump* gets these newfound unlimited powers. (I saw this commented on another post.)
BlueWavePsych
(3,056 posts)Orders the Navys Seal Team 6 to assassinate a political rival? Immune. Organises a military coup to hold onto power? Immune, she said.
Assassinating a rival would only be consistent with the courts ruling if it fell within the presidents official acts.
https://www.telegraph.co.uk/us/politics/2024/07/01/joe-biden-donald-trump-immunity-us-election-2024/
Looks like this "fantasy" is going mainstream.
Escurumbele
(3,583 posts)This one is the best...Just do it!
BlueWavePsych
(3,056 posts)The Supreme Court on Monday said former presidents are entitled to some protections for "official" acts, though said there is no immunity for "unofficial" acts -- rejecting Trump's sweeping claim of "absolute" immunity from criminal prosecution in his federal election subversion case.
When the president "uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution," she continued. "Orders the Navy's Seal Team 6 to assassinate a political rival? Immune."
https://abcnews.go.com/Politics/seal-team-6-assassination-hypothetical-scotus-presidential-immunity/story?id=111583216
malaise
(277,353 posts)Big Up😀😀
Fiendish Thingy
(17,982 posts)BlueWavePsych
(3,056 posts)may have have many hidden options at his disposal.
PortTack
(34,363 posts)He is not without options or great advisors!
Blue Owl
(54,423 posts)AncientOfDays
(192 posts)Apparently the President cannot be prosecuted for issuing illegal commands - but does that innunity extend to whoever obeys those illegal commands?
While he could order an assassination using seal team 6, would seal team 6 be criminally liable for actually carrying out the assassination?
BlueWavePsych
(3,056 posts)eom
Fiendish Thingy
(17,982 posts)AlexSFCA
(6,255 posts)robbob
(3,629 posts)and then glare into the camera while saying if congress doesnt act, he will? I can just see tomorrows headlines: Biden threatens to assassinate Supreme Court justices, tRump
.
No, not a good strategy, imho
Fiendish Thingy
(17,982 posts)Which Trumps lawyers claimed would allow him to assassinate without criminal prosecution.
He should also specifically compare the ruling to Germanys Enabling Act of 1933.
MOMFUDSKI
(7,080 posts)paper bag. The discussions are interesting but none of us know what is really happening. We wait and watch
Passages
(772 posts)SARose
(764 posts)Biden addresses the Nation
1. Today I have ordered the DOJ to open an investigation into sedition charges for Ginni Thomas, Jim Jordan, Mike Johnson, Ted Cruz, and Marjorie Taylor Green for their 1/6 coup attempt.
2. Today I have ordered the DOJ to open an investigation into corruption and bribery charges against Clarence Thomas and Samuel Alito.
3. Today I have ordered the arrest and imprisonment of Donald J. Trump.
4. Today I have ordered the DOJ to open an investigation into bribery, corruption and crimes against humanity for Jared Kushner.
5. Today I have pardoned Hunter Biden.
Call their bluff. He doesnt have to do it only threaten. Show the Nation exactly what Trump v US decision will look like in the future.
Can you tell how bored I was in the treadmill this morning?😬