Sure, but the court doesn’t actually have any enforcement mechanism - that’s all held by the executive. Like, a president who orders the military to assassinate a political rival is not gonna wait for multiple months of trial and go ‘oh OK I guess that wasn’t an official act off to jail I go’. They can just intimidate the judges. The Republicans are counting on any Democratic president not doing that, and are probably right.
Sure, but the court doesn’t actually have any enforcement mechanism - that’s all held by the executive. Like, a president who orders the military to assassinate a political rival is not gonna wait for multiple months of trial and go ‘oh OK I guess that wasn’t an official act off to jail I go’. They can just intimidate the judges. The Republicans are counting on any Democratic president not doing that, and are probably right.