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Form 12333 for Franklin Ohio: What You Should Know

To assassinate the foreign leader, the President would need probable cause to believe that his life could be taken by the assassin, while the President himself would be protected from any retaliation from the foreign regime (in this case, the leaders of Iran).122 It would only be permissible to kill the leaders if the United. States would likely suffer enormous damage, death to thousands or millions, or the overthrow of an important government in order to protect the U.S. President. The President could not assassinate a foreign leader without proof that he posed an actual threat to Americans, and he could not do so under the same circumstances.  The foreign leader in question would still be the president under U.S. law; the President needed a warrant to execute the assassination without a trial to arrest or detain the president or any American.  The foreign leader could not be killed while the foreign leader's political staff members or other advisers are alive. Nor could the foreign leader's bodyguard be killed if the armed guards are still working for the foreign government during the time of the assassination. The U.S. President could not attack the United States or use the power of his office to kill the foreign leader during a political crisis or during an armed insurrection, in which case he may be prosecuted for war crimes.123 The lawfulness of executing a foreign leader under these circumstances can be evaluated depending on the type and extent of the threat. A threat under Article II, section 3, cannot justify the assassination of a foreign leader under the Fifth Amendment unless the U.S. President must protect himself from “imminent” attack or “an armed invasion” of the United. States, and that the U.S. President has “probable cause” for believing that the life of the foreign leader could be threatened by violence.124 However, a threat to assassinate a foreign leader under this procedure cannot include other members of the foreign leader's staff or his advisers, and it cannot occur “when the foreign leader is actually participating in a public event or proceeding.”125 The legal basis for an illegal assassination under the Fifth Amendment is 'the common law of nations, in which the killing of a leader by his own subordinates is justifiable when his life may be at stake.'”126  The Fifth Amendment requires the U.S. President to have “probable cause” to believe that a foreign leader faces imminent danger from members of his own military, or by armed insurrection, when the U.S.

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