TOPSHOT - (COMBO) This combination of pictures created on September 29, 2020 shows Democratic Presidential candidate and former US Vice President Joe Biden (L) and US President Donald Trump speaking during the first ... TOPSHOT - (COMBO) This combination of pictures created on September 29, 2020 shows Democratic Presidential candidate and former US Vice President Joe Biden (L) and US President Donald Trump speaking during the first presidential debate at the Case Western Reserve University and Cleveland Clinic in Cleveland, Ohio on September 29, 2020. (Photo by JIM WATSON and SAUL LOEB / AFP) (Photo by JIM WATSONSAUL LOEB/AFP via Getty Images) MORE LESS

I doubt I’ll get much argument from TPM readers when I say that the Supreme Court’s decision in Trump v United States, the immunity decision, is among the Court’s most corrupt decisions. But even many of those who recognize the fraudulent and anti-constitutional character of this decision still often agree that it would be a bad thing if ex-presidents were routinely or even frequently brought up on charges for their actions as president. Or, more specifically, they think it would be a bad thing if such charges became part of a partisan game of tit-for-tat in which presidents who had not abused their office were brought up on frivolous charges as a matter of partisan payback.

In this post I’d like to ask you to question that assumption. Of course, I don’t want the justice system abused. I don’t want anyone brought up on bogus or frivolous charges. But this is a risk we should be willing to take, and, more specifically, it should be one we ask anyone who wants the job of president to accept.

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