Overturning SCOTUS Immunity and the Senate’s Role
By Lisa Gilbert
At our nation’s conception, the framers of the Constitution rejected the notion that a single ruler, a monarch, would ever be able to bully America again. They believed our president should not have ultimate control without consequences. That they should not be free from checks and balances. And they should not be immune from legal recourse. As such, they would have viewed the recent Trump v. United States decision as an invitation for presidents to become tyrants, bullies and inherently, dangers to our democracy.
The 6–3 opinion in July ruled presidents have broad constitutional protections from criminal prosecution for “official acts” they undertake while in office. The ruling says the president “may not be prosecuted for exercising his core constitutional powers” and ”is entitled, at a minimum, to a presumptive immunity from prosecution for his official acts.” Because the decision is unclear on the point of what constitutes an “official act,” the decision essentially allows presidents to act however they please — regardless of the law– to bully without consequences.
Next week Senator Durbin will hold a critical hearing in the Judiciary Committee spotlighting the overreaching decision. The Senate is right to scrutinize future misbehavior now potentially immunized from prosecution as well as the truly unprecedented nature of this immunity in American history and the extreme vision of presidential power it represents.
In practical terms, the decision threatens to provide presidents with immunity even for the most egregious criminal actions and assaults on our democracy. As the dissent explained: Under the ruling, if the president “[o]rders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.”
This decision cannot and must not be allowed to stand. Congress must seriously consider implementing measures such as Congressman Morelle’s “Not Above the Law” constitutional amendment, Leader Schumer’s No Kings Act, and Senator Hirono’s constitutional amendment to overturn the decision. This hearing is a critical first step towards movement on these reforms.
We must take decisive action to protect our democracy from bullies. We must affirm that in the U.S. no one, especially our highest elected officials, is above the law.