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this post was submitted on 11 Dec 2023
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I am not educated at all in law, the US constitution or politics, but if Trump broke laws on Jan 6 and the Supreme Court rules that he (or any president) can not be prosecuted for his actions, what is stopping Biden from telling the cia or fbi or whomever to grab trump and stick him in jail or take him to Guantanamo bay and leave him there. That would clearly be a crime but.. oh well!
How he gets there matters.
Yes, that's why we're talking about it.
"Narrow Precedent". I don't see it happening because they have no loyalty to Trump, but it could.
They can vaguely rule that some unique aspects of the Trump case makes it different unique and that courts should not take it as jurisprudence for future cases. There's more to it, obviously. Lower courts can "narrow" a SCOTUS precedent if it is defensible to do so by being able to defend their interpretation as non-contradictory to the SCOTUS precent (some subtle differences from the case law), but SCOTUS occasionally instructs that a decision should not be taken as precedent. Lower courts can ignore that (and afair, it has happened), but it leaves SCOTUS open to the idea of Biden being prosecuted in the future.
He can order it but those people he commands in the CIA or wherever would not be immune to prosecution. Trump's situation is unique in that his crimes are essentially all due to things he said and some inactions (like not calling in the national guard). His lackeys (the random people in the mob) were not immune to prosecution and many of them are in jail. Professionals like CIA agents can identify an illegal order when the see one and will just only ignore it (hopefully).