Our nation is going to commemorate its declaration of independence from a king Thursday, but the Supreme Court apparently believes that this is a good time to restore the monarchy.
The conservatives on the court have awarded the president a special monarchal privilege, specifically the power to engage in corrupt, treasonous, and even violent acts without the fear of prosecution for his crimes, as long as these acts conform with his “official” executive duties, which remain undefined.
Without any textual basis in the Constitution, the six Justices have ruled that a president might accept bribes in exchange for pardons, assassinate a political rival, or share intel with a hostile foreign adversary – all without consequence, because he is acting officially, and his motives cannot even be questioned.
More purposely, their intention was to protect Donald Trump from being tried for his actions related to undermining the 2020 election, a deranged ruling that gives no consideration to its appalling consequences – including the likelihood that a Trump victory in November will cause the wheels to come off our democracy.
District Judge Tanya Chutkan has been instructed to review the steps the former president took to subjugate Joe Biden’s victory and determine whether Trump’s actions were “official” – which would warrant full immunity -- or whether the actions were “unofficial,” which makes him culpable. Each one of her decisions is expected to be appealed by the defense team – back to the Supremes, of course -- which eliminates the possibility of a trial before the election.
And if Trump wins that election, it will be moot: He will order the Department of Justice to abort the prosecution.
The unfolding scenario is Orwellian. Throughout Trump’s string of indictments, he has claimed that he is above the law, and Chief Justice John Roberts has essentially affirmed it.
In a decision filled with gauzy rhetoric about the importance of having an “energetic” executive who must work “without undue caution” about getting prosecuted after retirement, Roberts wrote -- without any constitutional basis -- that “the nature of presidential power entitles a former president absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority.”
The notion of Trump returning to the presidency was already terrifying, even if many Americans rolled their eyes when he said he would be dictator “for only one day,” even when he campaigns on a revenge platform, or even when he vows to send Liz Cheney up before a military tribunal for treason.
But now this convicted felon is emboldened by a ruling that he is immune from prosecution for crimes committed in office, which is an existential danger to our democracy.
Clearly, we have come a long way in 246 years, when this country was largely founded on the principle that our laws apply to everyone without exception. As Justice Sonia Sotomayor put it, the Court has made the president “a king above the law,” and the potential effects of Trump Unchained are positively chilling.
Sotomayor’s dissent said the court’s majority “effectively creates a law-free zone around the president, upsetting the status quo that has existed since the founding. This immunity now lies about like a loaded weapon for any president that wishes to place his own interests, his own political survival, or his own financial gain, above the interests of the nation.”
Her extraordinary dissent, indeed, read like a requiem for democracy.
“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution,” Sotomayor wrote. “Orders the Navy SEAL Team 6 to assassinate a political rival. Immune. Organizes a military coup to hold on to power. Immune. Takes a bribe in exchange for a pardon. Immune. Immune, immune, immune.
“Let the president violate the law. Let him exploit the trappings of his office for personal gain. Let him use his official power for evil ends, because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today.”
That message, delivered in the spirit of partisan hackery, is the official launch to what could be the Mad King 2.0 phase of our history.
Part of the president’s oath is to maintain domestic tranquility, but that is not part of any agenda for Trump or the court he has fashioned in his image.
In other places and other eras, exiled generals, banished princelings, and disgraced nobles conspired to raise armies that might overthrow a dynasty. Americans were supposed to be more civilized: We settle our arguments in court, which is the best way to maintain domestic tranquility.
That was then, this is now. Our highest court has decided that one man can be shielded from accountability, even a convicted felon who openly shares his dictatorial ambition. This is Trump’s America. This is not a drill.
Our journalism needs your support. Please subscribe today to NJ.com.
Bookmark NJ.com/Opinion. Follow on Twitter @NJ_Opinion and find NJ.com Opinion on Facebook.