The Supreme Court’s Trump-Immunity Decision Was a Public Service
In National Review, Robert Delahunty and explain why the Supreme Court’s immunity decision advances the separation of powers:
“President Joseph Biden’s attack this week on the Supreme Court got at least one thing right. Trump v. United States’ finding of presidential immunity will have profound effects, both short- and long-term, on our constitutional order. Combined with last week’s Fischer v. United States, which threw out the main obstruction charge against the January 6 rioters, Trump tears the heart out of the special-counsel prosecution of the former president for his conduct on that sorry day.
But Trump will have consequences that will extend far beyond correcting special counsel Jack Smith’s excesses and punishing his incompetence. It should end Democrats’ misguided efforts to use the criminal-justice system to achieve a partisan end — the elimination of Trump as a viable candidate. It should protect the very characteristics of the presidency that make it executive in nature, which will enhance the separation of powers and the national security. And it will force the other branches of government and, ultimately, the electorate to take up their responsibility to check abuses of executive power. Viewed from this broader perspective, Trump’s outcome was almost foreordained, as it falls within the broader effort of the Roberts Court to protect executive prerogatives while calling on Congress and the people to perform their constitutional responsibilities as well. Unfortunately, it took more than a year, after the Department of Justice crossed the Rubicon of prosecuting a former president and leading opposition candidate, for Biden to finally understand that the American people — and not prosecutors — must judge Trump for his involvement on January 6.”
Enterprise IT Consultant | Army Veteran | Cal Dad
4 个月Only a king is above the law, Mr. Yoo. The bipartisan J6 committee featured his DoJ team under oath, clearly outlining his campaign promoting illegal acts. His verbal threats to the Georgia governor about their certified results were particularly treasonous. VP Mike Pence had the guts alright.
Multiple Subject Teacher
4 个月Decent defense and good to consider. However, it is the American people who put laws into place to being with, which Trump loves to demean, ignore, and break. Thereby putting into question everything we stand for, which will please all those who want to be like him. We want prosecutors to do their job.
Lawyer
4 个月Well articulated. I would add that the policy reason behind why Ford pardoned Nixon should be included; while unpopular, it prevented the establishment of a normality whereby the former whitehouse administration is put on trial by the new administration whenever it changes between the two major political parties. Even if done for a legitimate purpose, it tends to degenerate into banana republic type polarization and spectical. We suffered a glimpse of that in the "with fear for our democracy, I dissent" nonsense.