Supreme Court Weighs In On Trump Trial

The Supreme Court recently heard Jack Smith’s case against Donald Trump, and how much immunity can be considered for the former President. Conservative justices considered how a prosecution could be termed “political”, while the liberal ones were concerned about the Presidency being turned into a criminal enterprise.

Throughout history, Presidents have never been prosecuted by their successor, and presidents have never refused to leave the White House. Trump’s legal actions prior to January 20th were unorthodox in some cases, but Trump never stayed in office past the date. The NYT says:

Justice Alito explained: “If an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?”

Justice Ketanji Brown Jackson took a more straightforward approach. “If the potential for criminal liability is taken off the table, wouldn’t there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they’re in office?” she asked.

The fact that Democrats have waited until the election year to unload tens of charges against Trump seems to indicate that the prosecutions are political. In addition, the New York attorney general has said so much in her multiple legal attacks against conservatives. The Hill continues:

“We are not endorsing a regime that we think would expose former presidents to criminal prosecution in bad faith, for political animus, without adequate evidence. A politically driven prosecution would violate the Constitution,” he said.

Smith’s status as special counsel came up at times throughout the argument, including at one point when Justice Clarence Thomas noted a position advanced by two conservative law professors that Smith’s appointment was unlawful.

The trial will continue to polarize the American people, with liberals seeking revenge for their project being derailed in 2016. A delay in the trial until closer to the election will only serve to boost Trump’s numbers, but also create more tension within the country.

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