The Supreme Court affirms Trump’s monarchical vision of the presidency, placing the Oval Office above the law

The Supreme Court affirms Trump’s monarchical vision of the presidency, placing the Oval Office above the law | Editorial

The immediate impact buys Trump, the presumptive Republican nominee in November, more time from criminal prosecution for trying to overturn the 2020 election. Trump already delayed the criminal proceedings by claiming “absolute immunity” from acts while he was president. The ruling could even impede the state case against Trump for trying to overturn the results in Georgia. Trump’s lawyers have argued the case should be dismissed on immunity grounds, as well.

“If the president decides that his rival is a corrupt person and he orders the military to assassinate him, is that within his official acts to which he has immunity?” Justice Sonia Sotomayor asked.Justice Elena Kagan asked if a president would be immune from prosecution if they sold the country’s nuclear secrets to a foreign power. Trump’s lawyer argued, “Likely not immune,” before adding a chilling qualifier.

Chief Justice John Roberts, who wrote the majority opinion, said immunity was “required to safeguard the independence and effective functioning of the Executive Branch, and to enable the President to carry out his constitutional duties without undue caution.” But until Trump came along, presidents were able to carry out their duties without protection from committing crimes.

None of the other eight justices joined Thomas in his concurring opinion, but that is an issue Judge Aileen Cannon is mulling in Trump’s classified documents case.

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