Ex-High Ranking Military Officers Say They'd Refuse Any Presidential Order to Assassinate Rival in SCOTUS Brief

A court filing was shared by Politico's Kyle Cheney on Tuesday, March 19 via X/Twitter. In the filing, it was stated that three former military officers, including two who advised Trump, argued that the military would refuse to carry out an assassination order from the president, even if it was against a rival.

The three former high-ranking officers have an extensive military and Pentagon service that spans over fifty years, serving under ten Presidents from different political parties and with varying policy agendas, as stated in the brief.

Military Officers Filed SCOTUS Brief

Among the prominent people are Secretary Robert Wilkie, who has a background in the Pentagon during the administrations of George W. Bush and Donald Trump, retired Lieutenant General Keith Kellogg, a Vietnam veteran who held positions in the Trump Administration as Executive Secretary and Chief of Staff of the National Security Council, and retired Lieutenant General William Gerald "Jerry" Boykin, known for his involvement in the attempted rescue of Americans during the Iranian Hostage Crisis under President Jimmy Carter.

"Could a President order SEAL Team Six to assassinate a political rival? That question was posed by a member of the panel at oral argument in the court below. Amici curiae, who have served as military combat generals and senior officials at the Pentagon and have held other senior Executive Branch positions, submit that the answer to the panel member's question is a resounding no," Wilkie, Kellogg and Boykin write.

The three individuals emphasized that the President does not possess the authority to command SEAL Team Six to eliminate his political opponent and expect the military to execute such an order.

In January, during oral arguments before the DC Circuit Court of Appeals, John Sauer, a lawyer representing Donald Trump, made a controversial statement.

Sauer suggested that a US president could potentially avoid prosecution for ordering the assassination of a political rival, unless the House successfully impeached him and the Senate convicted him for that crime.

Trump Urges Immunity From Prosecution

On Tuesday, Donald Trump submitted a brief to the US Supreme Court, seeking criminal immunity in his attempt to overturn the 2020 election results.

The argument put forth is that a former president should be granted "absolute immunity from criminal prosecution for his official acts."

The case is scheduled to be argued before the justices on April 25. The rejection of Trump's request to be shielded from the criminal case being pursued by Special Counsel Jack Smith has been appealed by the former president. Trump argues that he should be protected due to his status as president when he took the actions in question.

The filing presents familiar arguments that Trump's lawyers have previously made and reflects his campaign trail rhetoric as he aims to win back the presidency.

"The president cannot function, and the presidency itself cannot retain its vital independence if the president faces criminal prosecution for official acts once he leaves office," stated the filing.
"A denial of criminal immunity would incapacitate every future president with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents. The threat of future prosecution and imprisonment would become a political cudgel to influence the most sensitive and controversial presidential decisions, taking away the strength, authority and decisiveness of the presidency," according to Trump's filing.

Trump, the Republican candidate, is challenging Democratic President Joe Biden in the upcoming US election. He holds the distinction of being the first former president to face criminal prosecution. In the 2020 election, Biden emerged as the victor over Trump.