, it seems highly likely that there is at least some support for the former president’s position that a president can commit crimes while in office, even ones designed to help them remain in office.
For Alito, the prospect of prosecuting a former president might “lead us into a cycle that destabilizes the functioning of our country as a democracy?” We can’t have that. Better to grant the former president immunity from prosecution for… trying to destabilize the function of our democracy.
Indeed, we should immunize a living, breathing former president for actually trying to remain in office so that future presidents don’t fear criminal prosecution once they leave office and decide to, just as Trump did, engage in actions to hold onto their office and subvert the peaceful transition of power.
This funhouse, “Alice-through-the-looking-glass” picture of what actually happened on Jan. 6 and what at least some of the justices seem to think might be in the best interests of the nation when it comes to prosecuting the former president is simply impossible to square with not just our constitutional history, but also simple common sense.
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