Justice Kagan: "How about if the president orders the military to stage a coup? "

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  • Опубліковано 24 кві 2024
  • During the U.S. Supreme Court oral argument on presidential immunity, Justice Elena Kagan asks a hypothetical question about a president ordering the military to stage a coup.
    Justice Kagan: "He's gone. Let's say this president who ordered the military to stage a coup. He's no longer president, he wasn't impeached, he couldn't be impeached, but he ordered the military to stage a coup. You're saying that's an official act. That's immune?
    D. John Sauer, Attorney for former President Trump: "I think it would depend in the circumstances..."
    Full oral argument here: www.c-span.org/video/?534673-...
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КОМЕНТАРІ • 156

  • @harrisharris5276
    @harrisharris5276 12 днів тому +27

    Dawg what is WRONG with that man's voice 😭

    • @colinjensen
      @colinjensen 12 днів тому +4

      He's representing Trump here, but planning on voting for RFK!

  • @ChristopherRunyon-ql5qe
    @ChristopherRunyon-ql5qe 12 днів тому +50

    The simple answer is no. The President is not immune.

    • @gamemediafan1714
      @gamemediafan1714 12 днів тому +2

      In this hypothetical that Kagan is introducing, the military coup would be unsuccessful. In this case , the House would quickly impeach and the Senate would quickly convict. Then once the person serving as POTUS is stripped of his title, he is then criminally charged.

    • @reasonablegentleman
      @reasonablegentleman 12 днів тому

      @@gamemediafan1714 Let's say the President(or ex president)was not constrained by criminal laws, only impeachment. If they could prevent their impeachment through any means legal or illegal , they could never be held accountable for anything.
      If for example, as part of the coup the President had members of the house that are likely to impeach him(or even all members of the house) killed. It would be impossible to impeach him for that action.
      If the President simply had a majority of house members that were in league with the coup attempt it would be impossible to impeach him.
      What this lawyer is arguing completely undermines the rule of law.

    • @lordenma8
      @lordenma8 12 днів тому +1

      ​@gamemediafan1714 what if they aren't impeached, what then?

    • @gamemediafan1714
      @gamemediafan1714 12 днів тому

      @lordenma8 Please explain how a POTUS that directly tells his generals that he wants to achieve a military coup, won't be impeached. Evidence will be overwhelming.

    • @ideapowerfulweapon
      @ideapowerfulweapon 12 днів тому +2

      It's not a simple question though. They are trying to determine where a President has immunity. I don't think the framers meant for it to be determined by who has the most powerful media narrative.

  • @VegasVaron
    @VegasVaron 12 днів тому +7

    This guy is doing his best in dancing around the questions.

    • @AwesomeBabyBoomer
      @AwesomeBabyBoomer 11 днів тому

      Trump's attorney did not dance around any questions. In fact, he was better prepared than special counsel. I sat and listened to the entirety of the arguments, which I will do again on Thursday.
      But Trump's attorney answered every question perfectly.

  • @mattrinker2947
    @mattrinker2947 12 днів тому +6

    The fact this is being heard is unreal.

  • @BushidoXBrown
    @BushidoXBrown 12 днів тому +16

    Is it just me or does everyone who work for Trump sound like cartoon villains

    • @Joenzetie
      @Joenzetie 12 днів тому

      He's not wrong though

    • @AwesomeBabyBoomer
      @AwesomeBabyBoomer 11 днів тому

      Considering that he and presidential candidate Kennedy sound the same.
      You might want to look up the fact that they both have an ailment that causes them to speak that way, and then maybe you won't bother making fun of them.

  • @matt3024
    @matt3024 11 днів тому +3

    She tore him to pieces!

  • @feliloki7
    @feliloki7 12 днів тому +16

    thats crazy theres nothing official about whispering in your generals ear to stage a coup

    • @reasonablegentleman
      @reasonablegentleman 12 днів тому +2

      There is nothing official about whispering in a Governors ear "Find me x number of votes" , yet here we are.
      Note: x= the exact number of votes he needed to win the state

  • @johnclark2212
    @johnclark2212 12 днів тому +17

    Pure Alice in Wonderland. Why did the court take this case?
    Stall for Trump!

  • @asise5722
    @asise5722 12 днів тому +7

    Geez, staging a coup to stay in power is NOT an official act. Period.

    • @oll1998
      @oll1998 11 днів тому

      That's kind of the point of his responses though. She's asking an impossible to answer question because she's not providing any details that led up to it. He's simply saying that it depends on whether or not it's an official act, in accordance with those rules. Since she's not offering whether or not it's a legitimate official act, it can't be answered. It's a literal straw man argument.
      Of course a coup can't be an official act, at least not how she's framed it with no details, so it's something that couldn't happen in the first place. Chicken and the Egg.
      ...but I'll bite.
      President A is leaving office due to a loss, and the new President B is taking over. It comes to light that President B is a Russian mole getting paid millions, who allows through his policies, for Russia to begin taking over neighboring countries. Let's say this happens after nov 4 but before the jan handoff. President A, having realized this, organizes a coup against President B to stop the transition.
      That would be an example of an official act to stage a coup.
      So I guess it really depends on the answer of whether or not it's an official act, as the scratchy voice dude is saying.

    • @323guiltyspark
      @323guiltyspark 11 днів тому +1

      @@oll1998 A coup is an illegal action under any context, under any circumstances. There is no constitutional mechanism that legitimizes a coup. There certainly is no constitutional mechanism that allows for a president who has lost an election to extend their term beyond inauguration day. It doesn't matter if it was done on official stationary; it's illegal.
      The most a military can do under the scenario you mentioned would be to not obey the commands of President B were it to be ruled that President B committed treason by being an agent of a hostile foreign government. At this point, President B can be subject to impeachment.

    • @oll1998
      @oll1998 11 днів тому +1

      @@323guiltyspark Then that goes back to their original argument doesn't it? ...that the president has immunity, and at the impeachment process is the proper method for which to handle crimes?

    • @AwesomeBabyBoomer
      @AwesomeBabyBoomer 11 днів тому +1

      And considering that President Trump did not stage a coup that leaves nothing to talk about here then.

    • @oll1998
      @oll1998 11 днів тому +2

      @@AwesomeBabyBoomer Yeh but that argument is for the trial, not this particular aspect.

  • @johncrumpley8702
    @johncrumpley8702 12 днів тому +34

    Justice Kagan, we appreciate your efforts on behalf of the citizens in this nation who still believe in the law. However, from past performance experiences we know that the MAGA justices are going to rule on the side of the Orange Traitor.

    • @dpalmer1557
      @dpalmer1557 12 днів тому

      Because TRUMPS RIGHT.

    • @pickcollins9910
      @pickcollins9910 11 днів тому

      There’s too much risk to them siding with trump from a political standpoint. Trumps poll numbers aren’t looking stellar and if the court says the president is immune from crimes they commit in office, and Trump *loses*, then the democrats can deliver a swift and devastating reckoning to the Republican Party as a whole.
      There’s too much at stake for them to side with trump rn. They will either ride this out until he wins the election or until there’s no more stalling to do

  • @OptionalZero
    @OptionalZero 10 днів тому +1

    Democracy. Not Monarchy.

  • @chrishouse5753
    @chrishouse5753 12 днів тому +3

    This guy sounds as much a lost cause as at the lower court. But scares me how the conservatives on the bench seem to vote entirely politically and not on logic or lack thereof.

  • @kivvy7
    @kivvy7 12 днів тому +5

    Him and RFK Jr need a cough drop…

    • @user-ue1lv3mr5h
      @user-ue1lv3mr5h 11 днів тому +1

      I wonder if they are dating each other....

    • @AwesomeBabyBoomer
      @AwesomeBabyBoomer 11 днів тому

      They both have the same affliction, and if you'll look it up, you will find it is something beyond their control. Maybe then you'll grow up a little bit and quit making fun of them.

  • @loveofit6498
    @loveofit6498 12 днів тому +4

    Wow. Treason much?

    • @reasonablegentleman
      @reasonablegentleman 12 днів тому

      'When the president does it, that means it is not illegal' -Richard Nixon

  • @Dan-kh5ll
    @Dan-kh5ll 12 днів тому +1

    Trumps lawyer should be ordered to use a digital voice changer in public court.

  • @susanf7461
    @susanf7461 11 днів тому +1

    WTF. Get rid of the Supreme Court

  • @Esus4
    @Esus4 12 днів тому +1

    I am not a crook (but I wouldn't mind a pardon from Jerry Ford) - Dick Nixon
    Yeah, I'm a crook. (but I should be treated like a king)- Trump

  • @AwesomeBabyBoomer
    @AwesomeBabyBoomer 11 днів тому

    I loved it when I heard this question get asked more importantly I love the answer that was given by Trump's attorney, because anybody who has served in the military knows that we are required to follow every order given unless we feel it is an unlawful order, at which time we can refuse to follow it.
    So, any military man would refuse to follow an unlawful order given by anybody, even a president.

  • @user-ed5pv9mt5s
    @user-ed5pv9mt5s 11 днів тому +1

    As far as concern Justice Robert's should have never let this Clown show go on!!!😂😂😂😂😂😂😂😂😂😂😂😂🎉😂🎉🎉🎉

  • @krg038
    @krg038 11 днів тому

    Amazing the lawyer actually defends these "official acts" as something to go through a process (impeachment and convection) and above the law. Fortunately it looks as though the Supreme Court might be wise to the dancing around a circle.

    • @AwesomeBabyBoomer
      @AwesomeBabyBoomer 11 днів тому

      Idiots like you are what make me laugh.
      The attorney is telling the courts what it takes to deal with something like that when dealing with a president. First, they have to be impeached, and then they can try them to convict them.That's what the constitution already states.

  • @user-hn8br6cu3u
    @user-hn8br6cu3u 12 днів тому +4

    Sauer is a flat out BSer!! Lock him up!! 🇺🇸

  • @simsreject5925
    @simsreject5925 10 днів тому

    The President can't just assinate people for no reason. He also can't order or have the military stage a coup.
    We need to prosecute the former president for any crimes he committed, and turn him over to the International Criminal Court for any international violations he ordered while in office.
    We must have justice for Abdulrahman Anwar al-Awlaki, justice for the Ukrainian people in the Midan, justice for the people of Niger, justice for the people of Libya, and justice for the people of Iraq.

  • @DownwardElevator
    @DownwardElevator 11 днів тому

    I thought these people were all constitutionalists? Isn’t the whole point of the constitution to not have a tyrannical concentration of power on one individual? Should that document alone be the governing principle that deems their immunity argument invalid or flawed? Am I missing something?

    • @AwesomeBabyBoomer
      @AwesomeBabyBoomer 11 днів тому

      The Constitution is what should govern this nation.
      What the Constitution states is the law.
      Nothing more.
      Nothing less.

  • @Pam-si4jp
    @Pam-si4jp 12 днів тому +1

    Does he have a sore throat?

  • @thisisshaun1
    @thisisshaun1 12 днів тому +7

    They have addressed this already the military would not have to follow that order

    • @reasonablegentleman
      @reasonablegentleman 12 днів тому +6

      The military is not obligated to follow that order, and they would be prosecuted for following it, but that does not excuse the President for issuing it.

    • @thisisshaun1
      @thisisshaun1 12 днів тому

      @@reasonablegentleman The President would already know he couldn't do it so why ask. It is a specific limitation that's listed.

    • @reasonablegentleman
      @reasonablegentleman 12 днів тому +3

      @@thisisshaun1 I am not sure I follow your point. It seems as if you are saying, why would a President knowingly overstep their authority, but people overstepping their authority is so common that I am tempted to conclude that it is human nature. The point of asking the question is to find the limitation of the complainants argument.

    • @thisisshaun1
      @thisisshaun1 12 днів тому

      @@reasonablegentleman I'm saying if everyone (The President, Military and The Justices) already know this then why ask

    • @reasonablegentleman
      @reasonablegentleman 12 днів тому +2

      @@thisisshaun1at :58 this lawyer claims that ordering a coup may be an official act and Presidential immunity may apply. He also states that once out of office it might be unconstitutional to impeach an expresident so there would be no legal recourse for the coup attempt.

  • @kingcrazymani4133
    @kingcrazymani4133 12 днів тому

    In the US, which follows the Rule of Law, or is at least supposed to follow the Rule of Law, attempted military coups are dumb ideas. Law enforcement, following positive law, is not a dumb idea. One hopes that members of a regime obey positive law.

  • @robertward8035
    @robertward8035 12 днів тому

    The number one defense against an individual of questionable credibility and character was the American voter. And trump and MAGA proved that that too can fail.😎

  • @charlesstovall4418
    @charlesstovall4418 12 днів тому +1

    This is a can of worms that would make anybody that ran for president insane

    • @Excelcior58
      @Excelcior58 12 днів тому +1

      The president should be very careful or stay out of office! Incentive to have real lawyers around them and not yes men.

    • @reasonablegentleman
      @reasonablegentleman 12 днів тому +1

      The alternative is even more insane. The argument seems to be that
      1. A sitting president absolutely can not be criminally prosecuted while in office.
      2. An ex President is immune from prosecution for any act that he can superficially disguise as an official act.
      3. The President can claim any act that uses, their presidential power, Cabinet or resources as an official act and that can't even be challenged at trial.
      I'm not sure if it is touched on in this clip or another clip, but this lawyer claimed that if an ex President had accepted a bribe to perform an official act (Pardon some one, or appoint someone) the ex president would be immune to prosecution because Pardoning and appointing is an official act of the President.

  • @ChristopherRunyon-ql5qe
    @ChristopherRunyon-ql5qe 12 днів тому +3

    While I encourage public discussions on Constitutional policies, I want to remind everyone that the Jewish Talmud is not recognized by the US Government as an alternative to constitutional law. Any oral arguments are just political debates and are not legally binding as law.

  • @sbolfing
    @sbolfing 12 днів тому

    How are hypotheticals worthy of response? That's the big point - they are ALL hypotheticals, and her response tacitly acknowledges as such

    • @raveun2thejoy
      @raveun2thejoy 12 днів тому +4

      Creative LLC v. Elenis was a court case that made it to the US supreme court that was centered around a hypothetical/something that didn't even happen. Pandora's box has already been opened. Sorry.

    • @kittysagan2203
      @kittysagan2203 11 днів тому

      (1) Did you listen to the entire argument? Both liberal and conservative members of the court posed hypotheticals, and in fact Justice Barrett re-posed Kagan’s coup hypo in her questioning of Trump’s attorney and (2) if you knew anything about the Supreme Court, you would be aware that hypothetical questions are common and necessary in virtually all SCOTUS arguments because the court is engaged in asserting holdings of constitutional law with general applicability not just to the facts of the case. (3) finally, yes whenever a Justice poses a question to a member of the bar during arguments, it is worthy of a response.

    • @matt3024
      @matt3024 11 днів тому

      If he expects his sorry ass to be heard they certainly are.

    • @sbolfing
      @sbolfing 8 днів тому

      @@kittysagan2203 Hypotheticals can be a useful tool; but, hers were illogical

  • @ZIGZAGBureauofInvestigation
    @ZIGZAGBureauofInvestigation 12 днів тому +6

    president orders the military to stage a coup? " LIKE what Happened on Sept 11, 2001 YEAP!!

  • @colinmccann7123
    @colinmccann7123 12 днів тому

    The line of questioning was clear out of bounds as far as I'm concerned. That's the liberals on the court .

  • @jessicabower2539
    @jessicabower2539 12 днів тому

    You mean like Biden already did?

  • @rachellebelcastro911
    @rachellebelcastro911 12 днів тому

    Kagan is reaching here

  • @kathleenmann7311
    @kathleenmann7311 7 днів тому

    Immunity from prosecution is Unconstitutional. The argument is asinine 🙄. ✌️📜🇺🇸🫡 🪖