4.3 • 882 Ratings
🗓️ 15 July 2024
⏱️ 73 minutes
🧾️ Download transcript
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On July 1, 2024 the U.S. Supreme Court ruled that American presidents have immunity for “official acts” committed while in office. In the dissent opinion, Justice Sonia Sotomayor raised an interesting hypothetical.
“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune.”
It’s the kind of hypothetical situation that people would roll their eyes at during a dinner party. Now it’s on everyone’s minds and in an official Supreme Court ruling. The president can order it, but that doesn’t mean the operators would carry it out. It also doesn’t mean state and local authorities would look the other way.
On this episode of Angry Planet, Army lieutenant colonel and judge advocate Dan Maurer comes on the program to take the SEAL Team 6 hypothetical seriously. Maurer is an expert military legal scholar who was willing to answer our questions, no matter how absurd they might be.
Want to know what happens if the President hires Pinkertons? Interested in a definition of an “official act” or want an explanation of what the long term consequences of this might be? Looking for a bit of hope that cuts through the hysteria. We can help with that. We also ask a very silly question about Delta Force.
Maurer also wrote about the topic in Lawfare.
Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
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0:00.0 | Love this podcast support this show through the a cast supporter feature |
0:05.1 | It's up to you how much you give and there's no regular commitment. Just click the link in the show description to support now. Dan, thank you so much for coming on to Angry Planet today and walking us through a very bizarre topic. |
0:22.0 | Will you introduce yourself and give the relevant disclaimer |
0:26.8 | to the conversation we're about to have? |
0:29.5 | Sure, thanks, Matt. |
0:31.8 | My name is Dan Maurer. I am an active duty Army Lieutenant Colonel Judge |
0:36.1 | Advocate Officer that is a military lawyer. Of course I'm speaking and writing only in my |
0:42.1 | personal capacity. |
0:43.3 | So what I'm going to say about this case |
0:46.0 | and its implications really have nothing to do |
0:49.0 | with any official position of the Jedi Corps, |
0:52.0 | the Army, Harbor Defense, or really any part of the government is just my own interpretation, my musings. |
0:58.0 | So I am on the tail end of my military career. I'm on the verge of retiring. I'm heading off this fall to become a civilian law professor of criminal law and various national security law subjects. I have been a prosecutor and a public counsel, general counsel to |
1:15.9 | commanders. I've advised on course marshals prosecutions. I've advised on law of |
1:21.3 | war matters international law. I've advised on Law of War Matters, International Law, two combat tours in Iraq. |
1:26.9 | One, the first one was as a platoon leader before law school. |
1:30.8 | Second one was as a general counsel, essentially a brigade judge advocate for a brigade commander in Iraq towards the end of that conflict. |
1:40.0 | I spent three years teaching constitutional law, criminal law, military justice, law of war at West Point. |
1:48.5 | And then the last two years I've been teaching at the Army JAG school, National Security subjects like poor crimes and |
1:54.5 | presidential power here in Charlottesville, Virginia. |
1:58.0 | So in other words, yeah, I was going to say, so you clearly have no idea what you're |
2:02.1 | talking about. We find some |
... |
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