Slate Plusthreats to democracy that could come from the possibility of bogus future criminal prosecutions of former presidents that it is willing to let a legitimate election subversion prosecution over a, the court’s ruling gives an exceedingly broad scope to the immunity afforded presidents from liability for official acts. It defined official acts so broadly as to include not only communications with officials at the Justice Department but even giving public speeches, as Trump did on Jan.
Near the end of his majority opinion in the immunity ruling, Roberts plays the role of the faux minimalist, as he often likes to do, pretending that when he is making major changes in the law he is really doing very little. He did this, for example, in the 2013case killing off a key part of the Voting Rights Act.
Roberts’ failure to even acknowledge those risks, even if he thought the risks were worth taking because of larger principles at stake of protecting the presidency from bogus prosecutions in the future, is going to be Roberts’ legacy for American democracy. That is, if our democracy
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