Former President Donald Trump's attorney on Tuesday argued that a president could order the assassination of his political rival and couldn't be prosecuted for it — unless Congress impeached and convicted that commander in chief first.
Pan wondered whether, according to the Trump team's argument, a president could be held criminally accountable for selling pardons or military secrets if he wasn't impeached and convicted by Congress for it.
"Your position is that he can't be prosecuted for that unless he's impeached?" Pan said.
"Yup, as long as it's an official act," Sauer said.
Then Pan took it a step further.
"Could a president order SEAL Team Six to assassinate a political rival?" she said. "That's an official act: an order to SEAL Team Six."
"He would have to be, and would, speedily be impeached and convicted before the criminal prosecution — " Sauer began, but Pan cut him off.
"But if he weren't, there would be no criminal prosecution, no criminal liability for that?" she said.
Sauer reiterated that a president would first have to be impeached by the House of Representatives and convicted by the Senate before he could be criminally charged for any acts related to his office. He started to discuss the position of the Founding Fathers before Pan cut him off again.
"I asked you a yes or no question," the judge said. "Could a president who ordered SEAL Team Six to assassinate a political rival, who was not impeached, would he be subject to criminal prosecution?"
"If he were impeached and convicted first, and so — " Sauer began.
"So your answer is no," Pan said.
So basically trumps lawyers believe that it would have been ok if trump ordered the assassination of biden. Then trump could simply resign right after and could not be prosecuted since he was never impeached by the house and convicted by the senate.
