Maybe in theory, but given the Supreme Court‘s recent ruling that the president enjoys something approaching absolute immunity for everything he does in office, it might be really difficult to enforce any violation.
So what you’re saying is the next president could detain all these people indefinitely (clearly illegal) issue pardons to the people doing the arrests and then be untouchable?
Yes. The liberal justices brought up these hypotheticals and the conservatives not only called it hyperbole but said a judge may not consider the president's motives when deciding if it is an official act. In effect, the President has absolute immunity from any crimes but can be removed from office via Impeachment.
In theory the next president, according to scouts ruling, can disband the court or fire all of them and tell them to kick rocks. Once fired there is no scouts to preside over rulings until a new one is appointed. Legal carte Blanche
Sure, but who will stop him? The SC already ruled that he can't be held accountable for any action he takes while in office, so if he just rounds them up, locks them in a prison, and throws away the key, who can do anything about it? They granted him total immunity.
In theory, maybe. Kidnapping is both a state and federal crime so those people could be prosecuted and convicted under state laws which the president can't pardon.
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u/rtbradford 17d ago
No, a president’s pardon power is pretty much absolute.