Senate Democrats say presidential immunity ruling allows 'egregious forms of wrongdoing'

By 
 September 26, 2024

In a decision released earlier this year, the Supreme Court found that presidents enjoy a presumption of immunity for official acts and absolute immunity for actions tied to "core" constitutional duties. Meanwhile, unofficial acts are unprotected.

The bombshell ruling led to fireworks in the Senate this week, with Democrats warning that it will greenlight "egregious forms of wrongdoing."

Dick Durban claims ruling would legitimize Richard Nixon's behavior

Longtime Illinois Democratic Sen. Dick Durban serves as chairman of the Senate Judiciary Committee, and according to The Hill, he painted a dire picture of what the Supreme Court's ruling will lead to.

"It means that any sitting president may hide behind their office for protection from prosecution for even the most egregious forms of wrongdoing," the veteran lawmaker said.

"It means effectively condoning Richard Nixon's claim that quote, 'When the president does it, that means it's not illegal,'" Durban insisted.

"In fact, most of the conduct at the heart of Nixon's Watergate scandal, the obstruction of justice, wiretapping, cover-up and the misuse of government agencies could be described as official actions that would be presumptively immune under this court decision," he went on to add.

Former AG says immunity is needed for presidents to function

However, some of the witnesses who testified before the committee on Tuesday rejected Durban's assessment, with Catholic University of America professor Jennifer Mascott calling the Supreme Court's ruling a "modest decision."

Michael Mukasey served as attorney general under President George W. Bush, also appeared as a witness, and he spoke up as well.

Mukasey suggested that without an assurance of immunity, future presidents "would have to look over their shoulder" and ensure that "decisions are not subject to possible criminal prosecution."

Mukasey: Murder and stealing are not official acts

What's more, the former attorney general dismissed suggestions that a president would be permitted to assassinate rivals or have the military steal on his behalf.

"I don't think there's any sense in which in order to do something facially unlawful like assassinating a political rival or organizing a coup could be considered an official act consistent with the majority opinion," Mukasey declared.

"Yes, he's commander in chief of the armed forces. But shoplifting is not among the prerogatives that he has to order," the witness asserted.

For his part, South Carolina Republican Sen. Lindsay Graham said he doesn't  "buy" that the Supreme Court "has unleashed upon the American people an evil force."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson