Just days after the first presidential debate, which has plunged Democrats into a crisis of confidence, the Supreme Court has intervened to declare that presidents have absolute immunity from criminal prosecutions for any actions they take with their exclusive and plenary powers, and even presumptive immunity for their other official acts.
We’d viewed this case mainly with an eye to its impact on the criminal prosecution of Donald Trump for trying to overturn the 2020 election. But that’s only because we (like most people) imagined the Supreme Court might delay the trial without radically altering the balance of power between the branches. They instead went much, much further.
With Matt on vacation, Brian welcomes former Solicitor General Don Verrilli as this week’s special guest. Brian and Don discuss:
How the court’s ruling creates two sets of rules: One for law-abiding presidents and one for Donald Trump and his imitators;
Whether and how Joe Biden can use this new ruling for good;
What if anything Congress can do about it short of amending the constitution or packing the Supreme Court.
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