Justice Ketanji Brown Jackson voiced her concerns on Wednesday regarding the Supreme Court’s recent ruling on presidential immunity, suggesting that there appears to be a system that treats former President Donald Trump’s alleged criminal behavior differently than that of other Americans.
During an interview on CBS News Mornings, the host referenced Jackson’s dissent in the July ruling on presidential immunity, pointing out her statement: “You wrote that the Court declared for the first time in history that the most powerful official in the United States can, under circumstances yet to be fully determined, become a law unto himself. It sounds like a warning.”
Jackson responded, “Well, that was my view of what the court determined.” The host then noted her concern about broad immunity, to which Jackson elaborated, “I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances, when we had a criminal justice system that had ordinarily treated everyone the same.”
Chief Justice John Roberts, writing for the majority, emphasized that “The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive.”
The issue of presidential immunity has been a focal point in special counsel Jack Smith’s January 6 case against Trump, which centers on allegations of election interference.
On Tuesday, a Washington, DC grand jury returned a superseding indictment against Trump, reaffirming the four counts he was initially charged with over a year ago by a different grand jury.
The new indictment came after Smith acknowledged that a “mini-trial” of Trump could not be held before the upcoming November presidential election.
This 36-page indictment charges Trump with Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Proceeding, and Conspiracy Against Rights. Trump responded by criticizing the indictment, asserting that it had “all of the problems of the old” and demanding its dismissal.
He added, “For them to do this immediately after our Supreme Court Victory on Immunity and more, is shocking. I’ve also been informed by my attorneys, that you’re not even allowed to bring cases literally right before an Election – A direct assault on Democracy!”
