A recent development, the Supreme Court’s approval of Special Counsel Jack Smith’s request to fast-track the review of whether former President Donald Trump is immune from prosecution has raised concerns about the court’s role in shaping the nation’s future.
Former federal prosecutor Glenn Kirschner emphasized that the Supreme Court is not meant to make kings but rather serves as the highest legal authority. The case questions whether a former president is entirely immune from federal prosecution for actions during their term or if constitutional protection exists after impeachment but before conviction.
Trump’s campaign criticized the expedited process, claiming it was a rush to judgment. Kirschner, however, voiced concerns that a ruling in favor of immunity could absolve Trump in the D.C. election subversion case related to the Capitol riot on January 6, 2021.
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Expressing worry over the potential implications, Kirschner highlighted the danger of placing a president above the law, suggesting it could lead to extreme abuses of power, even going so far as ordering the assassination of political opponents.
Contemplating the gravity of such a ruling, Kirschner speculated that the Supreme Court would be abandoning its responsibility and ethics, effectively doing a favor for a figure like Trump, whom he described as an aspiring dictator.
Despite his concerns, Kirschner expressed confidence that the Supreme Court would not relinquish its authority to a criminal president, as doing so would diminish the judiciary’s standing as a co-equal branch of government. He emphasized the importance of holding any president accountable under the law, reinforcing the principle that no one, even a former president, should be above legal scrutiny.
