SEAL Team 6 hypothetical assassination referenced in dissent
In their dissents, both justices Sotomayor and Jackson addressed the question of whether a president would have immunity from criminal prosecution for acts of murder -- including ordering the assassination of a political rival.
In their dissents, both Sotomayor and Jackson addressed the question of whether a president would have immunity from criminal prosecution for acts of murder -- including ordering the assassination of a political rival.
When the president "uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution," Sotomayor said in her dissent. "Orders the Navy's Seal Team 6 to assassinate a political rival? Immune."
ABC News Supreme Court contributor Kate Shaw said on ABC News Live Monday that she agreed with the dissenting opinion that ordering the hypothetical assassination could be considered immune from criminal prosecution.
"In terms of the application of this immunity to very extreme scenarios like ordering an assassination, I'm not sure the majority successfully explains why this rule would not shield that kind of conduct if it's engaged in an official capacity, even if it's wildly wrong and dangerous and destructive," she said. "If that conduct is done in official capacity, I think the dissent is right on this opinion's own logic. It would be immune, and that is a genuinely chilling implication of this case."
The SEAL Team 6 assassination hypothetical was raised during oral arguments on the case in April.
Sotomayor raised it first while questioning Trump attorney John Sauer. She pointed back to an earlier exchange Sauer had in a lower court proceeding.
"I'm going to give you a chance to say ... if you stay by it: If the president decides that his rival is a corrupt person and he orders the military, or orders someone, to assassinate him -- is that within his official acts for which he can get immunity?" she asked during oral arguments.
"It would depend on the hypothetical," Sauer answered. "We could see that could well be an official act."
-ABC News' Meredith Deliso and Alexandra Hutzler