Supreme Court Justice Samuel Alito suggested Thursday during oral arguments regarding presidential immunity that criminalizing individuals just because they question government-run elections would destabilize true democracy.
Special counsel Jack Smith indicted former President Donald Trump for questioning the administration of the 2020 election. The high court is now hearing challenges as to whether presidents have immunity from criminal prosecutions for actions taken while in office that fall within the scope of their presidential duties.
“Let me end with just a question about, what is required for the functioning of a stable democratic society, which is something that we all want?” Alito began. “I’m sure you would agree with me that a stable, democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully if that candidate is the incumbent?”
“Of course,” attorney Michael Dreeben said.
Justice Alito hypothesizes what could happen if presidents don’t have criminal immunity:
“If an incumbent…knows…that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country?” pic.twitter.com/zXSJEGMNOo
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“Now, if an incumbent who loses a very close, hotly contested election knows that a real possibility after leaving office is not that the president is going to be able to go off in a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent, will that
