Kurt R.A. Giambastiani

If you’ve watched Law & Order, you’ve heard the term. “Depraved indifference” is a disregard for human life; it’s not that you intend to harm anyone, it’s that you just don’t care.

With that as prologue, if I did something that any reasonable person could see might easily cause others harm, I could be accused of acting with depraved indifference. Let’s say, for example, that I abruptly cut off funding that provides lifesaving treatment, or that I suddenly decided to eliminate a meteorological department upon which literally millions rely for information about deadly hurricanes and tornadoes, or that I capriciously renege on agreements even though it would cause immense hardship and possible deaths. I think my actions could arguably be seen as falling under the rubric of “depraved indifference,” and I should not be surprised if I was charged with a criminal and/or civil offense as a result.

Our president has done such things, personally with the stroke of a pen or by siccing his attack dogs on the targets, but sadly, SCOTUS has given him the immunity of kings for anything that falls within his “core constitutional powers.”

But wait a second . . . If what he has done is not constitutional, it can’t possibly be within his “core constitutional powers,” right? And the consensus is building that the Executive cannot stop, halt, deter, or misdirect funds approved and specified by laws passed by the Legislative branch.

Hmm.

And I would also point out that Elon Musk has no such imperial immunity. He’s just a guy who’s going around delivering mass layoff notices and shutting down services wholesale.

Again . . . hmm.