White [House] Privilege
The Supreme Court of the USA agreed last week to take up a case brought by prosecutor Jack Smith regarding presidential immunity. Smith’s investigation of Donald Trump’s culpability for the events of January 6th, 2021, is on pause after Trump’s legal team argued that presidents have lifelong immunity for all actions taken during their term. Smith appealed to the SCOTUS to clarify whether presidents are above the law and it is shaping up to be a very important decision.
The idea that presidents can do whatever they please while in office and never be held to account seems quite dangerous. On the other hand, it is entirely reasonable to assume that presidents are called to make difficult decisions that would never face a regular citizen. As Donald Trump argued on social media, "A president of the United States must have full immunity, without which it would be impossible for him/her to properly function. Any mistake, even if well intended, would be met with almost certain indictment by the opposing party at term end.”
Much commentary last week centered not so much on the probable outcome, but on how soon the ruling could be handed down by the Court. Some accused the justices of slow walking the decision in order to aid Trump’s bid to return to the White House. But others seemed to think the Court is rushing this “weighty and consequential” case in a way that is unprecedented. The Supremes have also been criticized for giving oxygen to the case, since it was already rejected by lower courts and such presidential immunity has no precedent. However, others have welcomed the move, insisting the matter needs to be settled.
Determining Trump’s guilt or innocence before November’s election is framed as critical to the public interest – people need know what they are voting for. However, Trump’s critics also want a decision before the election. Pundits, talkings heads and Democrat lawmakers worry that if Trump takes the White House again, he will pardon himself and, as they see it, evade any consequences for his incitement of a riot and attempting to overthrow an election.
The progressive Left are convinced that the Court is out to do Trump “an enormous favor” and it seems Democrats are keen to finish up their prosecution of January 6th-ers, with fresh summons for a few and some of those charged noticing their trial dates suddenly moved closer. However, legal analyst Jonathan Turley says it is unlikely the Court will rule in Trump’s direction. “It is possible to uphold the lower court in its outcome but change the rationale or analysis,” he wrote.
Keep praying for wisdom for our judges, even as St Paul exhorts us to bring our concerns before our righteous Judge:
“I exhort first of all that supplications, prayers, intercessions, and giving of thanks be made for all men, for kings and all who are in authority, that we may lead a quiet and peaceable life in all godliness and reverence…I desire therefore that the men pray everywhere, lifting up holy hands, without wrath and doubting.” (1 Timothy 2)