Jessica Levinson, a professor at Loyola Law School, is the host of the 'Passing Judgment' podcast. She is also the director of the Public Service Institute at Loyola Law School, director of Loyola's Journalist Law School and former president of the Los Angeles Ethics Commission.
Donald Trump’s best legal defense has always boiled down to one word: delay. Now, in an effort to slow down the federal criminal case involving the 2020 election, the former president has claimed that he can escape criminal prosecution because of “presidential immunity.” It’s no coincidence that this attempt to delay is being used in the fastest-approaching criminal case against him.
As the majority explicitly stated, the court had previously recognized that “there is a lesser public interest in actions for civil damages than, for example, in criminal prosecutions.” Has the Supreme Court ever definitively ruled that a president can be criminally prosecuted for official acts? No. But we haven’t had a president engage in the type of behavior alleged in the federal criminal complaint against Trump. Just because a question is open doesn’t mean there’s a real issue.
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