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  3. Mad idea: given that the US Supreme Court ruled that the President essentially has immunity from criminal prosecutions for acts during his term in office, could J. D. Vance plausibly shoot Donald Trump dead, thereby becoming President, and claim immunity?

Mad idea: given that the US Supreme Court ruled that the President essentially has immunity from criminal prosecutions for acts during his term in office, could J. D. Vance plausibly shoot Donald Trump dead, thereby becoming President, and claim immunity?

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  • angusm@mastodon.socialA angusm@mastodon.social

    @cstross As others have pointed out, killing the incumbent while VP would not be an ‘official act as president’, ergo immunity would not apply.

    Vance could bludgeon Trump unconscious, assume office based on Trump's incapacity, and THEN kill him, reducing his potential culpability to assault rather than murder.

    If the US were Nepal, it might be more clearcut. As the events of 1 June 2001 established, regicide is no barrier to assuming the kingship (although a self-administered 9mm bullet is).

    flippac@types.plF This user is from outside of this forum
    flippac@types.plF This user is from outside of this forum
    flippac@types.pl
    wrote last edited by
    #21

    @angusm @cstross I'm not sure there'd be an assault required to claim incapacity at this point, just a willing court

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    • cstross@wandering.shopC cstross@wandering.shop

      Mad idea: given that the US Supreme Court ruled that the President essentially has immunity from criminal prosecutions for acts during his term in office, could J. D. Vance plausibly shoot Donald Trump dead, thereby becoming President, and claim immunity?

      (I know this is very silly and Won't Happen for several reasons, but is there a legal fig-leaf he could hide behind here?)

      ploum@mamot.frP This user is from outside of this forum
      ploum@mamot.frP This user is from outside of this forum
      ploum@mamot.fr
      wrote last edited by
      #22

      @cstross : from strategical perspective, given age and health of Trump, I would send him lot of prostitutes and try to make him do a Félix Faure.

      Still wondering why nobody is doing that or why Trump is surviving those attempts.

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      • cstross@wandering.shopC cstross@wandering.shop

        Mad idea: given that the US Supreme Court ruled that the President essentially has immunity from criminal prosecutions for acts during his term in office, could J. D. Vance plausibly shoot Donald Trump dead, thereby becoming President, and claim immunity?

        (I know this is very silly and Won't Happen for several reasons, but is there a legal fig-leaf he could hide behind here?)

        darkling@mstdn.socialD This user is from outside of this forum
        darkling@mstdn.socialD This user is from outside of this forum
        darkling@mstdn.social
        wrote last edited by
        #23

        @cstross That's just "death by natural causes", as Pratchett pointed out.

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        • cstross@wandering.shopC cstross@wandering.shop

          Mad idea: given that the US Supreme Court ruled that the President essentially has immunity from criminal prosecutions for acts during his term in office, could J. D. Vance plausibly shoot Donald Trump dead, thereby becoming President, and claim immunity?

          (I know this is very silly and Won't Happen for several reasons, but is there a legal fig-leaf he could hide behind here?)

          jshawthorne@packmates.orgJ This user is from outside of this forum
          jshawthorne@packmates.orgJ This user is from outside of this forum
          jshawthorne@packmates.org
          wrote last edited by
          #24

          @cstross For real actual lawyer here, and the problem with this question is that it presumes the Supreme Court is functioning as intended. It's not and there's no way to predict how this would play out. For all intents and purposes, the United States is no longer controlled by rule of law.

          cstross@wandering.shopC 1 Reply Last reply
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          • angusm@mastodon.socialA angusm@mastodon.social

            @cstross As others have pointed out, killing the incumbent while VP would not be an ‘official act as president’, ergo immunity would not apply.

            Vance could bludgeon Trump unconscious, assume office based on Trump's incapacity, and THEN kill him, reducing his potential culpability to assault rather than murder.

            If the US were Nepal, it might be more clearcut. As the events of 1 June 2001 established, regicide is no barrier to assuming the kingship (although a self-administered 9mm bullet is).

            target@infosec.exchangeT This user is from outside of this forum
            target@infosec.exchangeT This user is from outside of this forum
            target@infosec.exchange
            wrote last edited by
            #25

            @angusm I’m imagining some sort of comedy of errors involving a cabinet secretary tripping due to their ill-fitting shoes while wielding a spoon.

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            • cstross@wandering.shopC This user is from outside of this forum
              cstross@wandering.shopC This user is from outside of this forum
              cstross@wandering.shop
              wrote last edited by
              #26

              @joat Tribunal of judges. There are precedents. (Cf. the Diplock courts in NI during the Troubles, due to fear of jury intimidation. Which would also be a factor in a royal trial ... )

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              • jshawthorne@packmates.orgJ jshawthorne@packmates.org

                @cstross For real actual lawyer here, and the problem with this question is that it presumes the Supreme Court is functioning as intended. It's not and there's no way to predict how this would play out. For all intents and purposes, the United States is no longer controlled by rule of law.

                cstross@wandering.shopC This user is from outside of this forum
                cstross@wandering.shopC This user is from outside of this forum
                cstross@wandering.shop
                wrote last edited by
                #27

                @jshawthorne Yep, "rule of law no longer applies" is very clear right now (and it was Trump whose appointees led the charge).

                jshawthorne@packmates.orgJ 1 Reply Last reply
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                • etchedpixels@mastodon.socialE etchedpixels@mastodon.social

                  @jmax @cstross But he could pardon himself several seconds later.

                  jmax@mastodon.socialJ This user is from outside of this forum
                  jmax@mastodon.socialJ This user is from outside of this forum
                  jmax@mastodon.social
                  wrote last edited by
                  #28

                  @etchedpixels @cstross Mm. He'd still be chargeable in principle by the state or territory. Not that they would.

                  cstross@wandering.shopC 1 Reply Last reply
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                  • angusm@mastodon.socialA angusm@mastodon.social

                    @cstross As others have pointed out, killing the incumbent while VP would not be an ‘official act as president’, ergo immunity would not apply.

                    Vance could bludgeon Trump unconscious, assume office based on Trump's incapacity, and THEN kill him, reducing his potential culpability to assault rather than murder.

                    If the US were Nepal, it might be more clearcut. As the events of 1 June 2001 established, regicide is no barrier to assuming the kingship (although a self-administered 9mm bullet is).

                    jer@chirp.enworld.orgJ This user is from outside of this forum
                    jer@chirp.enworld.orgJ This user is from outside of this forum
                    jer@chirp.enworld.org
                    wrote last edited by
                    #29

                    @angusm @cstross We still haven't tested the legal theory about whether or not the president can pardon themselves

                    So he could do it, pardon himself for it, and then dare the court system to hold him accountable

                    (But vance wouldn't pull the trigger - more likely scenario he convinces a Secret Service agent to do it "for the good of the country" with the promise of a pardon once he assumes office. Then we get to see if 'felony murder' charges apply if you're powerful enough.)

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                    • cstross@wandering.shopC cstross@wandering.shop

                      @jshawthorne Yep, "rule of law no longer applies" is very clear right now (and it was Trump whose appointees led the charge).

                      jshawthorne@packmates.orgJ This user is from outside of this forum
                      jshawthorne@packmates.orgJ This user is from outside of this forum
                      jshawthorne@packmates.org
                      wrote last edited by
                      #30

                      @cstross It is very hard to explain how demoralizing it is to be a lawyer in America these days.

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                      • jmax@mastodon.socialJ jmax@mastodon.social

                        @etchedpixels @cstross Mm. He'd still be chargeable in principle by the state or territory. Not that they would.

                        cstross@wandering.shopC This user is from outside of this forum
                        cstross@wandering.shopC This user is from outside of this forum
                        cstross@wandering.shop
                        wrote last edited by
                        #31

                        @jmax @etchedpixels The Crown is the wellspring from which the law springs, in the UK—the monarch can't be charged with *anything*. (QE2 driving into her late 80s was a headache for her police bodyguards.)

                        drajt@fosstodon.orgD 1 Reply Last reply
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                        • cstross@wandering.shopC cstross@wandering.shop

                          Mad idea: given that the US Supreme Court ruled that the President essentially has immunity from criminal prosecutions for acts during his term in office, could J. D. Vance plausibly shoot Donald Trump dead, thereby becoming President, and claim immunity?

                          (I know this is very silly and Won't Happen for several reasons, but is there a legal fig-leaf he could hide behind here?)

                          highlandlawyer@mastodon.socialH This user is from outside of this forum
                          highlandlawyer@mastodon.socialH This user is from outside of this forum
                          highlandlawyer@mastodon.social
                          wrote last edited by
                          #32

                          @cstross
                          July 2028 is probably pencilled in.

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                          • cstross@wandering.shopC cstross@wandering.shop

                            @jmax @etchedpixels The Crown is the wellspring from which the law springs, in the UK—the monarch can't be charged with *anything*. (QE2 driving into her late 80s was a headache for her police bodyguards.)

                            drajt@fosstodon.orgD This user is from outside of this forum
                            drajt@fosstodon.orgD This user is from outside of this forum
                            drajt@fosstodon.org
                            wrote last edited by
                            #33

                            @cstross @jmax @etchedpixels Cromwell would like a word...

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