Supreme Court Justice Sonia Sotomayor during a panel discussion at the Civic Learning Week National Forum at George Washington University on March 12 in Washington, D.C. The Supreme Court’s three liberal justices made clear Monday that they view the ruling by their conservative colleagues to extend presidential immunity to all of Donald Trump’s official acts as a threat to democracy with “disastrous consequences.”that was joined by Justices Elena Kagan and Ketanji Brown Jackson.
But the liberal justices said their fear is justified. Sotomayor warned that a president is now immune from criminal prosecution if he orders the Navy’s Seal Team 6 to assassinate a political rival, or if he organizes a political coup to hold onto political power.“Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done,” Sotomayor continued. “The relationship between the President and the people he serves has shifted irrevocably.
Particularly “nonsensical,” Sotomayor wrote, was the ruling that prosecutors could not use Trump’s official acts as evidence in a trial — even if the official acts are related to allegations around unofficial acts.The indictment against Trump, for example, alleges that he exploited the power of his own Justice Department to convince states to replace their legitimate 2020 electors with Trump’s fraudulent electors.
“Today’s Court, however, has replaced a presumption of equality before the law with a presumption that the President is above the law for all of his official acts,” Sotomayor wrote.Jackson, a former public defender, wrote that there are plenty of protections already in place for a criminal defendant facing trial — such as the presumption of innocence until proven guilty or the burden of prosecutors to prove guilt beyond a reasonable doubt.
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