The big question on everyone’s mind: Can the president, or specifically, Donald Trump, be prosecuted for a crime? This seems like an easy one. According to those who closely analyze texts, there’s nothing in the Constitution that says the president is above the law. The people who wrote it knew how to give immunity if they wanted to, but they didn’t. Simple, right?
Even those who study history agree. Back in 1789, the idea wasn’t to have a president who could do whatever he wanted. The president was meant to follow the law, not break it. That’s what the founders believed, case closed.
The only relevant case is from 1982 when Richard Nixon was sued. Nixon fired someone for telling the truth, and the court said Nixon couldn’t be sued for money but could still face criminal charges. So, there’s a precedent, end of story.
But during the recent Supreme Court discussion, it felt less like a legal debate and more like a political showdown. The case is supposed to be about Trump trying to change election results illegally, but Justice Alito didn’t want to talk about that. Justice Gorsuch talked about making rules for the future, which scared people.
Then Justice Thomas joined in, even though his wife was linked to the January 6th riot. It’s confusing why he didn’t step back. He seemed to excuse Trump’s actions by bringing up past presidents’ shady plans. It’s moments like these that make people see judges as politicians in robes.
The justices seem worried about how their decision will affect future presidents, even though nothing like this has happened before. Trump says if presidents can be prosecuted, they’ll be scared to make tough decisions. But in over 200 years, no president except Trump has faced charges while in office.
Even Nixon knew he wasn’t above the law, despite saying otherwise. Some think it’s better for the country to pardon a former president than to put them on trial. But letting Trump off the hook sets a bad precedent.
If the Supreme Court doesn’t act soon, Trump could use this as a win. Legal experts think if the case goes back to a lower court, it might never see the light of day again. This would be a blow to democracy and the rule of law. And without saying it directly, the Supreme Court would be protecting Trump.
If the court’s discussion is anything to go by, history might remember them as the ones who let a dictator take over our democracy.
