Commentary: Of Death Squads, Dementia, and Desperation

Supreme Court Justices

It all started with what might be the dumbest hypothetical ever presented during any court proceeding in the history of ever.

Barely a minute into oral arguments last January related to the question of presidential immunity from criminal prosecution, a judge on the D.C. federal appellate court interrupted the lawyer representing Donald Trump to ask if such immunity would cover an attempt to kill an opponent. “Could a president order Seal Team Six to assassinate a political rival?” Judge Florence Pan, appointed to the court by Joe Biden in 2021, inquired.

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