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The Sotomayor dissent was awful. It’s an absurd argument with no real basis in reality. Whether the president is immune from ordering the assassination of a rival is largely irrelevant, because it wouldn’t get to a criminal trial anyway. It’s already illegal for the seals to carry out that order as well.
The president told me to do it isn’t a valid defense
He can’t be imprisoned for it. That doesn’t mean what he does is just allowed today any more than it was last week.