There’s no way to sugarcoat it. The Supreme Court has handed down one of the most disastrous decisions in modern history. Ignoring history, legal precedent, and common sense, the Roberts Court has given Donald Trump — and anyone who serves a term at 1600 Pennsylvania Avenue — almost blanket immunity for crimes committed while in office. All an alleged perpetrator need do, if the are also a former president, is claim that whatever they did was an official act.
It would be unprecedented if it weren’t also the same tactic employed by dictators throughout the modern era. Commit a heinous act, whether it be the defenestration of a journalist, poisoning of a political opponent, or torture of citizen activists, and claim it was an official act intended to preserve the peace or protect national security. Be it in Putin’s Russia, in North Korea, or in the fascist regimes of the 20th century, we can all think of examples.
In short, the Supreme Court has elevated former presidents above the law itself and in doing so, created a king-like, almost magical person in the form of the former president, a position that, until now, did not exist in American law. Once a person served as president, they then returned to the position of citizen like the rest of us, from George Washington to Barack Obama. Apparently, that’s no longer the case.
This sickening news comes just after President Biden had a disastrous debate performance against Donald Trump, appearing weary and feeble, unable to take the fight to Trump or to know when to recite a fact and when to fire back at his opponent with a zinger. Fortunately, the polling seems to indicate, for now, that the debate has had little impact, but there is no doubt that anyone who tuned into the debate saw a performance that was even weaker and more devastating than anyone could have imagined. Spin won’t change that fact.
Given the stakes of the election, made all the more daunting by the Supreme Court’s democracy defying decision, what are the next steps after the disastrous debate? Biden’s record makes clear he’s overdelivered as president, but his performance now casts doubt on his abilities after nearly four years in office.
We dig into all of these questions in the pod. It’s not all uplifting, to be sure, but John saves the day with some history and with a rallying cry for Americans of good will.
The fight isn’t over. Not yet.
Court sanctioned assassinations