Just a few weeks ago, a Manhattan jury found former president Donald Trump guilty of 34 felony counts. Its decision affirmed an idea that is the bedrock of American democracy: no one, not even a former president, is above the law. Monday’s Supreme Court decision in Trump vs United States seems to undercut that principle.
The court has now extended that principle, arguing that an “energetic, independent” executive should not be deterred from taking necessary action by concerns over potential criminal prosecution after leaving office. Criminal conduct seemed unlikely for most past presidents, who, despite their failings, generally sought to occupy the “place of moral leadership” that Franklin Delano Roosevelt argued is the core of the role.
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