We must destroy democracy in order to pretend to save it
I (or Paul or both) will have more on the Trump immunity case when I’ve had a chance to read the transcript, but Sam Alito was in very Alito form today as he was yesterday:
Justice Alito suggests that, if former presidents are subject to prosecution after leaving office, they'll be more likely to seek to unlawfully remain in office after they were defeated for re-election/their term has ended.
JFC.— Steve Vladeck (@steve_vladeck) April 25, 2024
“If we don’t allow the [Republican] president to perform autogolpes without conequences it might undermine the stability of democracy” is Alito jurisprudence in a nutshell.
Meanwhile, Bart O’Kavanaugh seems determined to stand by his man:
Kavanaugh: President Ford's pardon of Nixon, very controversial in the moment…. Now looked upon as one of the better decisions in presidential history I think by most people. pic.twitter.com/YaB0Px4v25— Acyn (@Acyn) April 25, 2024
Roberts will probably not explicitly endorse these arguments when he makes sure that no trial happens before the election, but it’s embarrassing that they’re willing to say this shit in actual oral arguments.