Either way, Trump has already gotten much of what he wants with the all-but-certain delay. And the lines of questioning from the right-wing justices are already deeply alarming, Luttig argued. Justice Samuel Alito, for instance, declared that if presidents must fear prosecution after leaving office, they might prove more prone to resisting the transfer of power, destabilizing the country.
That’s preposterous, as The New Republic’s Michael Tomasky noted, since there’s never been a bar on post-presidential prosecution throughout U.S. history, yet the only president to aggressively resist that transfer is Donald Trump himself. What’s more, as Dahlia Lithwick and Mark Joseph Stern point out at Slate, the notion also seems to suggest, absurdly, that giving presidents free rein to commit crimes in office, including attempting to destroy democracy at its very foundations, is essential to maintaining democratic stability.
One might add that when the justices ruled that Trump’s insurrection does not disqualify him from the ballot, they told us that this, too, was necessary to avoid national destabilization. Mysteriously enough, a key ingredient for achieving political stability always seems to involve not holding Trump accountable.