The Supreme Court May Have Set the Stage for an Imperial Presidency. Biden May Have Set Himself Up for a Fall. How Do We Avert Disaster?

I have spent the last dozen years working with John Dean, Nixon’s former White House counsel, creating continuing-education legal seminars on ethics and presidential powers. I am also a lawyer and a presidential historian, having written books and articles on Wilson, Harding, FDR, Nixon, LBJ, Trump, and JFK. Even without being a student of American history, it’s not difficult to see we are at a turning point that will determine whether we proceed as a democracy or descend into authoritarianism.

Quoting Roberts and company: “Such a ‘highly intrusive’ inquiry would risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose.” The Court has also slammed the door on a prosecutor’s ability to gather evidence of “private records of the President or his advisors probing such conduct,” which begs the question of how an impartial judge or jury would possibly know what the president did or said on January 6.

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