Immunity

President Biden is the first president to bring charges against a previous president and this has put the Supreme Court in a difficult position. When President Ford pardoned Nixon he chose not to prosecute saying it was best for the country. The real problem here, if the court allows this prosecution to go forward, is the precedent it sets for future presidents. Will all future presidents have to make decisions based on what might happen to them after they leave office. If they are charged they might be found not guilty but it could require many days in court and millions in legal fees and they could face multiple charges going on for years. They could face charges for actions they took many years before they were in office. It would severely restrict the presidents willingness to make tough decisions. It would not effect obvious actions like the president murdering his wife but it would come into play on everyday decisions that all presidents have to make. If they are going on a case by case basis then the president will have to have legal counsel on each decision where they try to determine what will future presidents do. Could Washington and Jefferson be charged with owning slaves. It sounds absurd but they are currently being excoriated for same. The court is being put in the awkward position of having to decide what actions get immunity and which do not. There are countless possible situations which can arise that the court cannot anticipate and their decision today could affect future unknown actions. The current case involves the claim that Trump tried to overturn the election. If the court rules he has immunity then the case is over. If the court rules he does not have immunity it will result in further legal battles that will extend beyond the election. If Trump is not reelected the country will lose interest and if reelected then Trump will pardon himself. This is why many people feel that this case is not motivated by law but by politics.