Monday the U.S. Supreme Court, by a 6-3 majority, ruled that presidents in general, and Donald Trump in particular, have “absolute immunity” from criminal prosecution for crimes perpetrated in office when those crimes are committed in performance of a president’s “core constitutional powers.” Four things seem perfectly clear at this moment. First: Monday’s SCOTUS decision is a devastating blow to the rule of law and constitutional democracy.
If justice delayed is justice denied, then it must be said: the Biden administration has not delivered justice in this affair. This is legally unfortunate. But it is also politically unfortunate, for vigorous prosecution, while not legitimately motivated by the desire to win an election, might well have helped to expose Trump’s criminality and to politically slay the beast of Trumpism instead of allowing it to rise like a phoenix in the months and years since January 6.