The Supreme Court gave a free pass to Donald Trump and future presidents
The Highest Powers in the United States Served since the Founding of the Confederation and the Presumption of Protectance for the President
“The court effectively creates a law-free zone around the president, upsetting the status quo that has existed since the founding,” she wrote, adding: “The president of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution.”
As of Monday, the bedrock principle that no one is above the law has been set aside. In the very week that America celebrates its founding, the court undermined the reason for the American Revolution by giving presidents the power to take actions that the Declaration of Independence didn’t approve of. It is difficult to prosecute presidents for crimes in office, as they can still be impeached. They can take once-unimaginable actions, like encouraging an insurrection at the U.S. Capitol, with no fear of later going to jail or being held legally accountable.
The chief justice said Mr. Trump had at least presumptive immunity for his acts. The trial judge is required to conduct an intensive factual review of official and unofficial conduct in order to assess whether the presumption of protection for Mr. Trump can be overcome.
That will take a lot of time, and the trial chances are not very high before the election. If Mr. Trump wins, he could order the DOJ to drop the charges.
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She noted that today’s decision to grant former presidents criminal immunity changes the institution of the presidency. “It makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.”
Chief Justice Roberts wrote that it was not the Supreme Court’s job to sift through the evidence and to separate protected conduct from the rest. He wrote that the analysis was best left to the lower courts.
We wanted to find out if a prosecution involving Trumps alleged attempts to influence the vice president’s oversight of the certification proceeding in his capacity as president of the Senate would pose any dangers of intrusion.
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She said that the Navy has a Seal Team 6 that can be used to assassinate a political rival. Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.”
“Whatever immunities a sitting president may enjoy,” Judge Tanya S. Chutkan of the Federal District Court in Washington wrote, “the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get out of jail free’ pass.”
In March, the court unanimously rejected the attempt to keep Trump off the ballot under Section 3 of the 14th Amendment, which bars people who engage in insurrection ineligible for office. The court ruled that states cannot use the provision to exclude candidates for the presidency from the ballot.
On Friday, the court ruled that federal prosecutors had improperly used an obstruction law to prosecute some members of the pro-Trump mob that stormed the Capitol on Jan. 6. Two of the four charges against Mr. Trump are based on that law.
The court decided the case restoring Mr. Trump to the ballot at a brisk pace, hearing arguments a month after agreeing to and issuing its decision a month after that.
The immunity case is moving at a slower pace. Jack Smith, the special counsel overseeing the prosecution wrote to the justices in December asking for the case to be heard by the court immediately. He said only this court can resolve them.
At the argument, several of the conservative justices did not seem inclined to examine the details of the charges against Mr. Trump. They said that the court shouldn’t issue a ruling on presidential power in general.