Senator warns of US getting ‘closer to a constitutional crisis’ as Samuel Alito’s dissent signals deference to Trump
Minnesota senator Amy Klobuchar warned on Sunday that the US is “getting closer and closer to a constitutional crisis”, but the courts, growing Republican disquiet at Trump administration policies, and public protest were holding it off.
“I believe as long as these courts hold, and the constituents hold, and the congress starts standing up, our democracy will hold,” Klobuchar told CNN’s State of the Union, adding “but Donald Trump is trying to pull us down into the sewer of a crisis.”
Klobuchar said the US supreme court should hold Trump administration officials in contempt if they continue to ignore a court order to facilitate the return of Kilmar Ábrego García from El Salvador, the Maryland resident the government admitted in court it had deported by mistake.
The infamous immunity ruling gives the President a lot of immunity from criminal prosecution.
But besides that, there’s an older precedent in civil litigation that no judge can write an injunction directly against the President in the performance of his official duties. So all of these TROs and injunctions, including the Friday SC order, either do not apply to the President himself, or they are illegally broad*.
Under this theory of law, the President could theoretically arrest and deport all the people he wants with no judicial intervention – just as long he does all the arrests by himself, and flies the planes by himself, etc. In reality, the fat man is always going to have underlings doing the stuff for him, and they do not have this immunity from civil injunctions.
*This is one of the points raised in Alito’s dissent: the SC order applies to “the Government”, without saying whether the President is included or not.
They are the supreme court. They can change precedent for presidents for reasons.