During a recent hearing, Justice Ketanji Brown Jackson challenged historical arguments on presidential immunity, particularly in relation to criminal prosecution. She questioned the notion that presidents have always been shielded from prosecution, referencing past instances where presidents faced legal consequences.
Justice Jackson highlighted the stance of the Justice Department's Office of Legal Counsel and statements made by the Founding Fathers to support her argument. She pointed out the paradox of presidential immunity by asking why President Richard Nixon required a pardon following the Watergate scandal if presidents were truly immune from prosecution.
