Supreme Court immunity ruling could put Donald Trump above the law

The Supreme Court dealt a major blow to the Jack Smith v. Donald Trump case, with the six conservatives agreeing Monday with the former president that he should enjoy absolute immunity from criminal prosecution for acts committed in his official capacity. Such immunity is necessary to preserve the independence and effective functioning of the executive branch, Chief Justice John Roberts wrote in the majority opinion, and to allow the president to discharge his constitutional duties without undue caution.

Although Roberts wrote that Trump claims much broader immunity than the limited one we have given him, he and his conservative supermajority, in their stunning 6-3 decision, dramatically expanded the scope of executive power, placing presidents, in some ways, above the law, as liberal Justice Sonia Sotomayor wrote in a scathing dissent. Today's decision to grant criminal immunity to former presidents reshapes the institution of the presidency, Sotomayor wrote. It makes a mockery of the fundamental principle of our Constitution and our system of government, according to which no man is above the law.

Out of fear for our democracy, Sotomayor added, I disagree.

The high court had done Trump a favor just by hearing this ridiculous case, in which his legal team suggested that a president could legally assassinate his political opponents. But the court's slow approach to the case has all but ensured that a trial would not take place before the November election, and the court's conservatives could derail it completely now with their ruling finding that a president has right, at a minimum, to a trial. presumed immunity from prosecution for all his official acts and referral of the matter to lower courts.

BIG VICTORY FOR OUR CONSTITUTION AND OUR DEMOCRACY, Trump said on his social media page. PROUD TO BE AMERICAN.

The former president, charged by Smith with four federal crimes over his efforts to overturn his 2020 election loss to Joe Biden, has insisted he enjoys full immunity from prosecution, and his legal team has argued before the Supreme Court that presidents will not be able to function properly or make decisions without it.

It’s an absurd position, one that would essentially say the law doesn’t apply to the most powerful person in the country. But the court agreed to take up the case in February, and members of its 6-3 conservative majority appeared to give credence to the Trump team’s outrageous claims during oral arguments in April.

As right-wing Justice Samuel Alito asked at the time: If an incumbent president who loses a very close and hotly contested election knows that a real possibility after leaving office is not that the president will be able to retire peacefully , but if the president can be criminally prosecuted by a bitter political opponent, won't that lead us into a cycle that destabilizes the functioning of our country as a democracy?

But what Alito and company did in Monday's decision, legal experts warn, could destabilize democracy.

Our democracy has been seriously injured, former Attorney General Eric Holder wrote on Absurd and dangerous. There is no basis in the Constitution for this Court-constructed monstrosity.

Berkeley law professor Orin Kerr wrote: “I don’t know if Trump will be re-elected in 2024. But I do know that, if he is, he will begin every blatantly illegal thing he does by saying, “ Official act, it’s an official act.

Thanks to today's Supreme Court, presidents of the future will have access to far more irresponsible power than they have ever had in American history, wrote presidential historian Michael Beschloss, adding: ” The founders wanted a president, not a king.

In recent months, Alito and Clarence Thomas have both come under intense pressure to recuse themselves from the case: In the months leading up to the case, news surfaced that the former judge had previously displayed flags in front of its houses indicating support for the January 6 pro-Trump insurrection. Meanwhile, Trump's wife, Ginni Thomas, attended the rally that preceded the attack on the Capitol that day and pressured Trump's allies to overturn his defeat. Alito said his wife, Martha-Ann Alito, was responsible for the flags; both men refused to withdraw from the case; and Roberts refused to intervene, even though the scandals exacerbated the court's long-standing credibility crisis.

The Supreme Court’s legitimacy as an independent arbiter of justice is likely to be further undermined by the pro-Trump decision by conservatives, three of whom were appointed by Trump. The seeds of presidential absolute power have been planted, progressive Ketanji Brown Jackson wrote in a dissenting opinion. The court has now declared for the first time in history that the most powerful official in the United States can become a law unto himself.

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