Now that Donald Trump has won the White House for a second time, the path ahead seems clear for him to brush off key federal criminal indictments that have dogged him for years while potentially delaying other cases he faces in state court.
By securing the presidency, he can use the awesome powers of the executive to seemingly shield from scrutiny any illegal conduct that he would deem part of his “official” duties.
When the U.S. Supreme Court enshrined immunity for official acts of former presidents and “at least presumptive immunity” for acts on the outer perimeter of official duties, the majority did so amid the dissent of the three liberal justices.
When reading her dissent aloud from the bench in July, Justice Sonia Sotomayor had bristled: “Ironic isn’t it? The man in charge of enforcing laws can now just break them.” When writing her dissent, which was joined by Justices Elena Kagan and Kentanji Brown Jackson, she concluded that the court had henceforth created…
