Supreme POTUS Immunity Balancing Act

Denying Trump’s immunity is truly “bigger than HIM” & if/when Supreme Court finally decides the Q, the hope for democracy is that the Justices craft its ruling so future presidents aren’t foolishly hamstrung by partisan prosecutors.

At least, so suggests the WSJ’s editorial board when it made its case this way: “The first criminal trial of Donald Trump might soon be back on the calendar, after the [liberal] DC Circuit Court of Appeals said … that the former President isn’t immune from prosecution. Yet the sweeping nature of the ruling means that it also risks weakening the office of the Presidency, so perhaps at least four Supreme Court Justices will be interested in having the last word.” The editors go on to explain that, while total immunity as demanded by Trump’s lawyers may be bad constitutional law, sweeping exposure to prosecution as demanded by the political prosecutor in this case may be even worse constitutional law. For instance, they ask, would it have been ok to criminally prosecute Harry Truman for seizing steel mills? Moreover, should Trump beat Biden in November, would he be able to tell the DOJ to criminally charge Joe for one of many anti-corruption laws on the books as Donald has promised he’d do “on day one”?

The Supreme Court, of course, has already ruled presidents have a sort of qualified immunity from CIVIL lawsuits, i.e., when complained of actions were within the “outer perimeter” of official duties. But, the DC panel “blew past” this cautionary precedent when it involves CRIMINAL charges. Really? As the WSJ notes, it’s one thing to accuse Mr. Trump of convening “sham proceedings” to cast phony electoral votes, but another to accuse him of asking VP Pence to “perform a legislative maneuver in the Senate …” To wit: If a majority of Supremes can’t find some sort of middle ground aka constitutional balance again here (as it did in that earlier landmark civil case), a vulnerable No. 46 (accused by some GOPers as “the most corrupt POTUS in history”) better get the most electoral votes in November.

Davd Soul