Comment on Samuel Alito Has a Very Strange Theory for How to Protect Democracy

Samuel Alito Has a Very Strange Theory for How to Protect Democracy

On Thursday, the Supreme Court held oral arguments over former President Donald Trump’s claims that he enjoys absolute immunity from criminal prosecution for engaging in what he contends were his official duties while in office. And one justice, Samuel Alito, offered a particularly wild theory about how to preserve American democracy and the rule of law. The case centers on whether special counsel Jack Smith’s indictment of Trump for trying to overturn the 2020 election can proceed or whether—as Trump contends—he is above the law when it comes to his conduct leading up to the January 6 insurrection.

 

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