By MIKE DAVIS | Substack, Guest Commentary
The 2023-24 Supreme Court term already is a dynamic one. The justices, among other rulings, unanimously rejected a leftist effort to throw President Trump off of ballots based on the Insurrection Clause of the Constitution’s 14th Amendment. Several blockbusters await announcement this week.
The most crucial case is Trump v. United States. The Court is considering whether a former president has immunity from criminal prosecution for his official presidential acts. Special Counsel Jack Smith indicted Trump after the January 6, 2021 riot at the Capitol. One of the allegations is Trump contemplated firing his acting attorney general—clearly an official act. If presidents fear their successors will imprison them for their official acts, this will destroy the presidency and thus our country.
Could President Obama face charges for the extrajudicial killings overseas of American citizens via drone strike? Could President Biden face indictment for helping cartels make millions from human trafficking? Could President Bush face prosecution over the Iraq War? From the oral argument, it seems likely that five or six justices are willing to grant presidents some immunity protections.
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