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On July 1, 2024 the U.S. Supreme Court ruled that American presidents have immunity for “official acts” committed while in office. In the dissent opinion, Justice Sonia Sotomayor raised an interesting hypothetical.

“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.”

It’s the kind of hypothetical situation that people would roll their eyes at during a dinner party. Now it’s on everyone’s minds and in an official Supreme Court ruling. The president can order it, but that doesn’t mean the operators would carry it out. It also doesn’t mean state and local authorities would look the other way. 

On this episode of Angry Planet, Army lieutenant colonel and judge advocate Dan Maurer comes on the program to take the SEAL Team 6 hypothetical seriously. Maurer is an expert military legal scholar who was willing to answer our questions, no matter how absurd they might be.

Want to know what happens if the President hires Pinkertons? Interested in a definition of an “official act” or want an explanation of what the long term consequences of this might be? Looking for a bit of hope that cuts through the hysteria. We can help with that. We also ask a very silly question about Delta Force.

Maurer also wrote about the topic in Lawfare.

Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?

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