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>The issue is that presidents can be prosecuted even if they likely didn't break the law. It would be possible to just keep throwing bullshit charges at a former president either until one sticks or until their resources to fight off an unending string of legal battles is exhausted.

I have no problem choosing between the chance there will be a President who abuses immense power over everyone in the nation with no real accountability, and the chance a slew of people (prosecutors, investigators, judges) will act maliciously and repeatedly to persecute a single person. Does SCOTUS really fear that federal Judges like them can't recognize malicious and baseless indictments?



There's plenty of historical examples of how bad of an idea prosecuting former leaders is. When a country's leaders fear prosecution if they lose power, they have every incentive to cling to power as long as possible by any means necessary. Certainly there's a middle-ground that needs to be struck between the President they are above the law entirely and the President fearing prosecution by the next party in power regardless of how lawful they behaved. I worry that, in the U.S.'s current political climate without immunity, Presidents would be prosecuted by the other party as a matter of course.




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