The unhinged arguments the Supreme Court is fielding on Trump immunity
Retired American generals vehemently say that no, Donald Trump cannot deploy SEAL Team 6 to kill a political rival. Gun groups howl that the United States is turning into Communist China. And a convicted Jan. 6 rioter warns that President Joe Biden could someday get sued over the death of a jogger in Georgia.
These are among the 18 various groups that shared their wisdom with the Supreme Court earlier this month, filing amicus briefs on the same day that Trump told the high court why he should be able to dodge a federal prosecution for trying to overturn the 2020 election on false pretenses.
Department of Justice Special Counsel Jack Smith’s election interference case against Trump has finally reached the nation’s highest judicial authority, which will determine whether the business tycoon can be put on trial. The timing of the nine justices’ eventual decision will determine if the presumptive 2024 Republican presidential nominee is to face trial in court before Election Day in November.
But ahead of oral arguments next month, the Supreme Court is already getting inundated with all kinds of opinions about the main question in the case: whether a former president enjoys immunity for actions made while at the White House.
The Daily Beast reviewed the litany of uninvited legal arguments spanning 599 pages, ranging from breathless reiterations of Trump’s claims to head-turning warnings. Yet all bear the signs of a historic case that could determine the fate of the election, if not American democracy.
The most unusual and unexpected amicus brief comes from three former high-ranking military leaders: Retired Lt. Gen. Keith Kellogg, who served as Trump’s own acting national security adviser; Robert Wilkie, who served as Trump’s Veterans Affairs Department secretary; and retired Lt. Gen. William “Jerry” Boykin, who once led the Army’s elite commandos in Delta Force and Green Berets.
The three former military men felt it necessary to join together and address—in public and at the national level—one of the crazier Trump legal arguments: that Trump’s immunity from criminal prosecution is so beyond question that it would allow him to order the assassination of his political enemies.
“No—the president cannot order SEAL Team Six to assassinate his political rival and have the military carry out such an order,” they clarified, marking the first time former military leadership has ever had to utter such a phrase in court. [Continue reading…]