Commentary: Of Death Squads, Dementia, and Desperation

Supreme Court Justices

It all started with what might be the dumbest hypothetical ever presented during any court proceeding in the history of ever.

Barely a minute into oral arguments last January related to the question of presidential immunity from criminal prosecution, a judge on the D.C. federal appellate court interrupted the lawyer representing Donald Trump to ask if such immunity would cover an attempt to kill an opponent. “Could a president order Seal Team Six to assassinate a political rival?” Judge Florence Pan, appointed to the court by Joe Biden in 2021, inquired.

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Commentary: The Hackery of Judge Florence Pan

If a court proceeding held in the nation’s capital on Tuesday is an indication of how 2024 will go—things will be a lot worse than even the biggest skeptic predicted.

A three-judge panel of the Court of Appeals for the District of Columbia—Biden appointees Florence Pan and Michelle Childs and George H. W. Bush appointee Karen Henderson—heard oral arguments for Donald Trump’s appeal of a lower court decision that concluded presidents are not immune from criminal prosecution for their conduct in office. The appeal originated out of Special Counsel Jack Smith’s four-count indictment against the former president related to the events of January 6.

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