The case of Anwar al-Awlaki is exactly the kind of case where I think the president should face criminal liability for murder. Although, as he was murdered in a foreign country, no court in the US has jurisdiction for the president to be prosecuted; but if he had been murdered on US soil, it would be absolutely appropriate for a jury to decide whether or not it is justifiable for the president to order the death of somebody merely for speaking the wrong words.
Another topic that hasn't come up quite as much is the fact that this is an immunity proposition, not a defense. What SCOTUS is saying is that we aren't permitted to even ask if the president is reasonable in his beliefs; any trial on the merits is completely and totally foreclosed--that's what immunity means. Just a few days ago, SCOTUS decided that it's absolutely important that administrative law procedures need to go through the step of being heard by a jury trial, and now here it's saying that it's absolutely important that the president never be burdened by the prospect of having to have a jury weigh their actions.
It's just... really galling that SCOTUS would decide that the constitution requires that the president be a king above the law, exactly the sort of thing that England fought a few civil wars over before the US even sought its independence.
> as he was murdered in a foreign country, no court in the US has jurisdiction for the president to be prosecuted
You're underestimating the creativity of prosecutors. :)
For example, they could have charged him with conspiracy to commit murder in any location where Obama met with others to discuss killing al-Awlaki.
Or a future president, like Trump, could have pressured a federal prosecutors to bring charges in Federal Court, since they can bring charges for crimes committed against Americans globally.
Another topic that hasn't come up quite as much is the fact that this is an immunity proposition, not a defense. What SCOTUS is saying is that we aren't permitted to even ask if the president is reasonable in his beliefs; any trial on the merits is completely and totally foreclosed--that's what immunity means. Just a few days ago, SCOTUS decided that it's absolutely important that administrative law procedures need to go through the step of being heard by a jury trial, and now here it's saying that it's absolutely important that the president never be burdened by the prospect of having to have a jury weigh their actions.
It's just... really galling that SCOTUS would decide that the constitution requires that the president be a king above the law, exactly the sort of thing that England fought a few civil wars over before the US even sought its independence.