The U.S. Supreme Court appears to be on the brink of crafting a doctrine of presidential immunity, sparking fervent debate and accusations of favoritism towards former President Donald Trump.
Renowned constitutional law professor Kate Shaw, from the University of Pennsylvania, sounded the alarm on ABC’s This Week, following intense courtroom clashes over Trump’s alleged election interference.
Journalist-host George Stephanopoulos noted the court’s readiness to carve out a unique shield for presidents facing legal scrutiny.
“I’m a constitutional law professor,” Shaw emphasized, her words resonating with urgency. “I’ve never taught my students about the doctrine of ex-presidential immunity from prosecution, even for official acts.”
Shaw underscored a fundamental truth: such a doctrine simply doesn’t exist in the annals of legal precedent.
“If the court chooses to create one in this case,” Shaw warned, “it really does sound as though they will be creating it in order to protect Donald Trump rather than because anything in the text or structure of the Constitution supports that kind of doctrine.”
Kate Shaw: ‘Doctrine of presidential immunity doesn’t exist’
Previously, three judges from the U.S. Court of Appeals for the District of Columbia Circuit dismissed Trump’s primary argument that presidents enjoy permanent immunity from prosecution unless Congress impeaches and convicts them beforehand.
“In essence, the position advocated by former President Trump would undermine the foundational principle of separated powers by effectively placing the President beyond the jurisdiction of all three branches of government,” they asserted. “We cannot endorse the notion that the presidency bestows perpetual immunity upon its former occupants, thereby exempting them from legal accountability indefinitely.”
The implications of this potential legal maneuver are staggering. Could the highest court in the land be on the verge of reshaping the very fabric of presidential accountability? And at what cost to the principles of justice and equality under the law?
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