CERL’s Professor Claire Finkelstein spoke with media about the Supreme Court’s recent decision to grant former President Donald Trump partial immunity from criminal prosecution on interference charges. The decision, which has essentially “eliminated judicial review for a whole set of presidential actions,” could be disastrous for the accountability of future presidents.
Finkelstein asserts that, according to the ruling, Trump would not only be within his constitutional rights to fire Special Attorney Jack Smith should he be reelected, but that the Courts would not have the power to charge him with obstruction of justice.
“One would think that if you fire a Special Counsel who is prosecuting you, that that would be a prime example of obstruction of justice,” said Finkelstein. “But this decision essentially says that Congress doesn’t have the authority to create statutes that make the president liable for obstruction if it would cut into his core constitutional powers. And it says the Courts don’t have [that] authority.”
“The irony here is that the Supreme Court has actually weakened federal courts.”
Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read her bio here.
The views expressed here are the author’s own and do not necessarily represent those of any organization or university.