Supreme Court’s Trump immunity ruling poses risk for democracy, scholars say

Nadine Seiler holds up a sign outside of the Supreme Court of the United States on Monday. In its immunity decision Monday, the Supreme Court emphasized the long-cherished ideal that no one in America is above the law, not even the president.

Before Trump, no current or former U.S. president had ever been charged with a crime, though some have come close. Richard M. Nixon was forced to resign for his involvement in the Watergate scandal and later received a pardon from his successor, Gerald Ford.“As I looked at it, I realized Richard Nixon would have had a pass” because the evidence against him was based on official acts the Supreme Court has deemed immune from prosecution, Dean told reporters.

University of Notre Dame law professor Derek Muller said the decision makes it harder to prosecute presidents but does not give them a pass. Much more has to play out in the Trump case in the lower courts, and the case could easily return to the Supreme Court, he said. In short, the precise details of when presidents enjoy immunity remain unclear.“I don't know that I would be citing this too readily if I'm president trying to evade criminal responsibility in the future,” Muller said.

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