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Supreme Court Just Gave Joe Biden 'a Powerful Tool'—Legal Analyst

Newsweek 3 days ago

The U.S. Supreme Court gave President Joe Biden "a powerful tool" following their ruling on presidential immunity, legal analyst Glenn Kirschner said this week.

On Thursday, Kirschner, a former federal prosecutor and critic of former President Donald Trump, spoke about the Supreme Court's ruling on presidential immunity following Trump's argument in his federal indictment relating to the 2020 election.

"The Supreme Court may have thrown Donald Trump a lifeline. They may have given him a way to wiggle out of criminal responsibility for some of the crimes he committed against the American people," Kirschner said in a video posted to YouTube. "But, in the process, they gave President Joe Biden a powerful tool to protect American democracy."

Joe Biden
President Joe Biden during a 4th of July event at the White House. Legal analyst Glenn Kirschner says the Supreme Court ruling on presidential immunity is a "powerful tool" for Joe Biden.

This week, the Supreme Court reached a 6-3 decision in favor of giving former presidents absolute immunity for official acts, but no immunity at all for private acts.

The case in question was led by Department of Justice (DOJ) special counsel Jack Smith and focused on Trump's alleged role surrounding the January 6, 2021, U.S. Capitol riot and Trump's alleged efforts to overturn the 2020 election, won by President Joe Biden. Trump denies wrongdoing and claimed immunity.

The Supreme Court sent back the case to a lower court in Washington, D.C., to figure out how to determine what constitutes an official act.

The Court's decision last week overturns the February appeals court ruling that rejected Trump's presidential immunity claims. The three-judge panel for the U.S. Circuit Court of Appeals for D.C. found that immunity does not apply to Trump because he's no longer president.

In his video, Kirschner went on to say that Biden possesses "powers" relating to presidential immunity and noted that "he's gonna have to use them to save democracy." 

"Because justice matters," Kirschner said.

Biden responded to the ruling in a speech earlier this week where he said, "This nation was founded on the principle that there are no kings in America. Each of us is equal before the law. No one—no one is above the law, not even the president of the United States."

"With today's Supreme Court decision on presidential immunity, that fundamentally changed. For all—for all practical purposes, today's decision almost certainly means that there are virtually no limits on what a president can do," Biden said. " The American people have to render a judgment about Donald Trump's behavior. The American people must decide whether Donald Trump's assault on our democracy on January 6th makes him unfit for public office in the highest office in the land."

Newsweek was directed to Biden's remarks after reaching out to his campaign via email for comment.

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