I Spoke with NPR’s Morning Edition About the Trump Immunity Ruling

You can listen here. From the transcript:

MARTIN: Speaking of the future beyond the criminal cases against former president Trump, this opinion does create new precedent for all American presidents. So to talk about that, we’ve called Rick Hasen, a constitutional law professor at the University of California, Los Angeles. Professor Hasen, as I said, you’re just working through this decision, it’s a long one, it’s complex, but what precedent do you think has been set for the future?

RICK HASEN: Well, this is a huge precedent. I mean, we’re all focused on what this means for 2024 and for Donald Trump, but this is an opinion that greatly expands presidential power. What it does is it creates a – kind of a zone of immunity around the president for official acts and for things that are like official acts. It puts a huge thumb on the scale in favor of, you know, the president if there’s ever any kind of criminal prosecution.

And importantly, it says that the kind of evidence that could be introduced in the event that the president is accused credibly of criminal conduct is quite limited so that the – you know, the kinds of evidence that you would actually need to prove that the president is engaged in criminal conduct, now the prosecutors would be hamstrung. So this is a big shift of power towards the president personally in potential prosecutions going forward.

MARTIN: I know that you’re just working your way through the decision, but is there anything in it that really stands out to you or that surprises you?

HASEN: Well, I mean, the first thing that I thought of when I got to the end of the majority opinion is that while many of us were thinking, boy, the Supreme Court is really taking its time with this, it scheduled it two months after the, you know, they decided to take the case, they decided it at the very last day of the term, the court was saying that the lower courts went too quickly. They think this is something that has to be slow and deliberate. They don’t care at all about the implications for potentially what Donald Trump had done in terms of trying to subvert the results of the last election. They are trying to do an opinion for the ages, but maybe at the price of ignoring the danger to democracy that’s before us today.

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