In last week’s Supreme Court oral arguments regarding former President Donald Trump’s assertion of “total immunity” for acts committed as president, conservative Justices Samuel Alito, Brett Kavanaugh, and Neil Gorsuch each considered questions outside the court’s proper purview.
Except perhaps at the very margins, they should not base their decisions on those questions or the answers thereto.
Alito worried that without immunity for former presidents, “there has to be a trial, and that may involve great expense and it may take up a lot of time, and during the trial, the former president may be unable to engage in other activities that the former president would want to engage in.”
Well, so what? First, this is true of any defendant. That’s the nature of being a defendant: It’s
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