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.

A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh prepare for the first debate and the flood of Supreme Court decisions amid which it’ll happen.

You can listen to the new episode of The Josh Marshall Podcast here.

A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss the Trump immunity case, the latest in the hush money trial and a well-timed announcement from the Biden administration about a major drug policy change.

You can listen to the new episode of The Josh Marshall Podcast here.