A lawyer for Trump named Consovoy said in court that Trump was immune from prosecution even if he shot someone in the street. If Trump killed 100 House Dems, then the Democrats would certainly no longer control the House.

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    I trust that we would learn the limits of presidential immunity. The Capitol Police report to Congress so no Bill Barr involved. – George White Nov 3 '19 at 0:36
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    @GeorgeWhite Capitol Police can make an arrest, but then what? They can't hold him for too long without charging him, and they can't charge him without DOJ. – bdb484 Nov 3 '19 at 5:01
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    Murder is not generally a federal offense so he might end up in DC Superior Court. – George White Nov 3 '19 at 5:08
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    Some democrats carry guns, and I suppose the third or fourth would kill Trump in self defense. Actually, it wouldn't be unreasonable to say that anyone would have the right and duty to shoot him in self defense. – gnasher729 Nov 3 '19 at 8:47
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    @GeorgeWhite Murdering a member of Congress is a notable exception to that rule. Either way, guess who's in charge of prosecuting crimes in D.C. Superior Court? – bdb484 Nov 4 '19 at 14:24

This is technically an open question, but there is a general consensus that Consovoy's argument is unprecedented and unsupportable.

If the president can be dragged into civil litigation over private matters in the middle of his presidency, Clinton v. Jones, 520 U.S. 681 (1997), it seems unlikely that the courts would give him a pass on prosecution for a midterm murderous rampage.

If Consovoy is right, though, the answer would have to be that yes, Trump could avoid prosecution.

Posing the question that way sort of helps to highlight the problem with Consovoy's theory. As I understand it, Consovoy's argument is that impeachment is the only remedy for crimes committed by a president. But if the president can just kill of Congress, there's no one left to impeach him, leaving the country with no way to remove him.

So again, the answer is almost certainly no.

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    Theoretically, the 25th Amendment provisions for removing a President would still be available. – A.fm. Nov 4 '19 at 4:38
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    Good point. Of course, as long as he's killing people, I suppose there's no reason not to take out the vice president as well. – bdb484 Nov 4 '19 at 14:20

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