The US supreme court found this week that former presidents have presumptive immunity from prosecution for “official acts”. This ruling doesn’t just place Donald Trump above the law. The true danger of the opinion is that it could protect precisely the kind of official acts that might destroy the American republic itself.
The origin of the idea that the official acts of a president are immune from prosecution is found in a case about a fired whistleblower. In 1970, President Richard Nixon fired A Ernest Fitzgerald, an air force management analyst, in retaliation for his publicizing information about cost overruns. Fitzgerald brought a civil suit against Nixon, seeking damages for his dismissal. The supreme court sided with Nixon, granting the president absolute immunity from “damages liability predicated on his official acts”.
