Bush v Gore was falsely portrayed as “election interference” in Bush’s favor. Actually, the decision (7-2) affirmed the equal protection clause and, by a 5-4 vote, remanded the case back to the Florida Supremes (who were the real election meddlers).
A decision by the current SCOTUS to affirm presidential immunity would be a step in restoring judicial impartiality — taking the judicial system out of deciding election results. The toxic weaponization of the judicial system we’re witnessing today is precisely why the Founding Fathers wrote, in black letter, those safeguards in our Constitution.
It sounds like a simple question before the court. The president has a duty, as the chief executive, to see that election laws are properly applied. Trump was doing that.
If Smith is allowed to treat Trump as a civilian for his actions as president, then every retired military officer could be brought up on murder charges and civil rights violations.
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