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It’s closer to being constitutional than what Trump did. The Constitution pretty clearly states that POTUS is commander in chief of the military. The Constitution gives no role to the POTUS, or even the Executive Branch, to the manner in which states run elections, count votes, and certify electors. Trump was just wayyy outside the scope of his presidential duties.
Now, I don’t think a POTUS can, or that Biden will, send a Tomahawk missile into Mar-A-Lago or something. But I do think it’s very irresponsible of SCOTUS to say that a President has immunity for some types of acts but not others—which seems painfully obvious anyway—but not define what constitutes official acts. That just opens the door to all manner of abuses.
IIRC, the Posse Comitatus Act prohibits the use of the Military on US soil except in very tightly defined cases, such as Nuclear Terrorism or Insurrection. So unless Trump is personally leading a militia armed with Nukes against Washington, DEVGRU can't give him the Full Bin Laden.


