Carol Platt Liebau: A Supreme Court Decision That Will Serve Future

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Pundits describe the executive power Supreme Court case as a “win” for Donald Trump. In one sense, it is. Special prosecutor Jack Smith won’t get the case against him to trial before the election.

But the opinion wasn’t written for current circumstances. It was written for the ages. The Court held that presidents have absolute immunity for acts within their core constitutional powers. They have presumptive immunity from prosecution for all official acts, and no immunity for unofficial acts.

These are sensible distinctions. Future presidents will be free to fulfill their duties without fear of political prosecution, but without free rein to engage in lawless personal conduct.

Jack Smith’s case will return to the trial court to determine which of Trump’s challenged acts are official. Meanwhile, our nation owes the Court a vote of thanks for an opinion that will serve future generations well.

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