In a motion to the Supreme Court, Special Prosecutor Jack Smith argued that the stay should be denied and that Trump’s immunity claim is a threat to democracy.
Smith wrote:
The conduct alleged in the indictment, if proven at trial, represents a concerted effort to violate the tenure clause of the Constitution, see U.S. Constitution. Art. II, § 1, Cl. 1 (the President-elect “remains in office for a period of four years”), and the President’s duty to “take care that
the Laws are faithfully executed”, id., § 3.
The assertion that a former president is immune from federal criminal liability for conduct that could overturn his election defeat contravenes fundamental constitutional principles and threatens democracy itself.
The petitioner never acknowledges the constitutional cost of insulating a former president from criminal liability for such conduct.
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Trump’s argument, if the Supreme Court rules in favor, would mean that any incumbent president who loses an election could decide not to leave without consequences. If a president wanted to rig an election, thanks to Trump’s claim of immunity, he could do so without consequences.
Granting unlimited immunity to a former president would destroy the safety net that protects American democracy.
Trump’s request for immunity poses a danger to the principles on which the nation was founded.
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Jason is the managing editor. He is also a member of the White House press pool and a congressional correspondent for PoliticusUSA. Jason has a bachelor’s degree in political science. His graduate work focused on public policy, with a specialization in social reform movements.
Awards and professional memberships
Member of the Society of Professional Journalists and the American Political Science Association