Anonymous wrote:Situation #1
President Obama ordered a drone strike in Yemen to kill Anwar al-Awlaki, an American citizen and Islamic Imam critical of American foreign policy in the Middle East. Before releasing the drones that killed al-Awlaki and two others, the White House sought and received a Memorandum from the Department of Justice providing legal justification for the attack.
Several questions come to mind. Should the memo from DoJ authorizing the killing of an American citizen abroad without judicial due process immunize President Obama for violating the federal criminal statute that imposes criminal penalties for the extra territorial killing of an American citizen?
Could a subsequent President, a member of the opposing political party, direct a new Attorney General to investigate whether the killing of the U.S. citizen by drone attack in Yemen violated federal criminal law? If an indictment is returned against the now former President for that killing, should President Obama be allowed to claim immunity or be forced to stand trial?
Situation #2
President Biden revoked many of President Trump’s Executive Orders addressing border security when he took office. He also halted construction of physical barriers intended to secure the southern border and stem the flow of illegal border crossings and the smuggling of dangerous drugs.
The number of illegal border crossings skyrocketed. Instead of remaining in Mexico until asylum claims were adjudicated, migrants were “paroled” into the interior of the United States and given a court date for their asylum claim years into the future.
The quantity of illegal drugs, and the deaths of American citizens from accidental drug overdoses smuggled across the southern border, escalated astronomically. Federal law imposes criminal penalties on those who enter the United States illegally. It also punishes conspiracies to violate federal law.
So, if the White House switches parties when President Biden leaves, should the new president’s Attorney General seek an indictment against Biden for conspiring with the Secretary of Homeland Security to violate U.S. immigration laws by facilitating the illegal entry of millions of migrants into the United States? Or should those policy choices be protected by a cloak of immunity?
Situation #3
Eager to deliver on a campaign promise, President Biden announced a policy to “forgive” billions of dollars in student loan debt. The Supreme Court struck down the President’s plan and held that Congress had not authorized the Executive to unilaterally forgive student loan debt.
Instead of seeking legislative authority, President Biden reworked his plan to rely upon a different statute for authority. Assume the courts dismissed lawsuits challenging Biden’s “Plan B” because the plaintiffs lacked standing to sue. “Plan B” went forward and billions of dollars in federal student loans became “grants” instead of loans that had to be repaid.
The federal Anti-deficiency Act imposes criminal penalties on anyone who authorizes the expenditure of federal funds without a valid congressional appropriation. When President Biden leaves office, can he be indicted and tried because his “Plan B” loan scheme violated federal law?
https://realclearwire.com/articles/2024/04/26/immunity_for_me_but_not_for_thee_1027716.html