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Opinion: We should all dissent from the Supreme Court's immunity decision, and not respectfully

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Opinion: We should all dissent from the Supreme Court's immunity decision, and not respectfully

As Justice Sonia Sotomayor powerfully said in her dissent in Trump vs. United States, the Supreme Court on Monday made “a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.” In a 6-3 decision, the six Republican-appointed justices handed a stunning victory to Donald Trump in broadly defining the scope of absolute presidential immunity from criminal prosecution.

Donald Trump was indicted in federal district court in Washington for his role in attempting to undermine the results of the November 2020 presidential election. Trump moved to dismiss the indictment on the grounds that his actions occurred while he was still in the White House and that a president has absolute immunity from criminal prosecution for anything done while in office. Both the federal district court and the United States Court of Appeals rejected this argument, stressing that the core of the rule of law is that no one, not even a president, is above the law.

Although the Supreme Court did not go as far as Trump wanted, its ruling is a clear a victory for him and for future presidents. In an opinion by Chief Justice John G. Roberts Jr., the court said that a president has absolute immunity for his official acts. The court expansively defined this as anything done in carrying out the constitutional powers of the president or in implementing a federal statute. The conservative majority then went further and said, “We conclude that the separation of powers principles explicated in our precedent necessitate at least a presumptive immunity from criminal prosecution for a president’s acts within the outer perimeter of his official responsibility.” And Roberts said that a court cannot look at a president’s motives.

The breadth of this immunity is stunning. Imagine, to use an example that was raised at the oral arguments, that a president orders the Navy Seals to kill a political rival. Under the court’s approach that would be protected by absolute immunity because it is an action taken by the president carrying out his powers as commander in chief. The court was explicit that the president’s craven political motives are irrelevant.

Or imagine that a president orders the Justice Department to investigate and indict a political rival solely to gain a political advantage. Or imagine, as Trump has already pledged, that if again elected president he would use the Justice Department for retribution and to prosecute his opponents. That, too, would clearly be protected by absolute immunity under the court’s decision. In fact, Roberts wrote: “The President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.” Indeed, the court went so far as to say that Trump’s pressuring Vice President Mike Pence to ignore the results of the electoral college decision had a presumption of absolute immunity.

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The court said that private or personal acts of a president, as opposed to official ones, are not protected by absolute immunity from prosecution. The court left open the question of whether there is absolute immunity for Trump’s pressuring state election officials, such as in Georgia, and for his conduct on Jan. 6. The court remanded these questions to the lower courts to decide. But even this is a victory for Trump in that the court did not declare the obvious: These unquestionably were personal and political actions.

It is for this reason that Sotomayor in her dissent says that the justices “in effect, completely insulate Presidents from criminal liability.” As she says, it is “an expansive vision of Presidential immunity that was never recognized by the Founders, any sitting President, the Executive Branch, or even President Trump’s lawyers, until now.”

In the past, when the court has dealt with issues like this, it has been unanimous and stressed the importance of holding a president accountable and upholding the rule of law. In United States vs. Nixon, in 1974, the court unanimously held that President Nixon could not invoke executive privilege to thwart a criminal investigation. In Clinton vs. Jones, in 1997, the court unanimously ruled that President Clinton had no immunity to protect him from a lawsuit for sexual harassment that occurred when he was governor of Arkansas.

But we live in a very different, far more partisan time. It is impossible to read the decision in Trump vs. United States as other than a court with six Republican justices handing a major victory to the Republican candidate for president, Donald Trump. Indeed, the court’s handling of the case, denying review that was requested in January and then not releasing its opinion until July 1, was in itself a victory in ensuring that there is no way that Trump can be tried before the November 2024 presidential election.

Roberts concluded his opinion by rightly saying: “This case poses a question of lasting significance.” Unfortunately, the court gave an answer to that question that undermines the rule of law and creates a serious future threat to our democracy in placing the president largely above the law.

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Erwin Chemerinsky is a contributing writer to Opinion and the dean of the UC Berkeley School of Law.

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Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

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Commentary: Bass clears first hurdle, but if Pratt holds off Raman, the mayoral race could be a holy war

L.A. Mayor Karen Bass made what sounded like a victory speech Tuesday night.

Councilmember Nithya Raman made what sounded almost like a concession speech.

And former reality TV star Spencer Pratt relayed a message from the heavens.

“Well, obviously God wanted five more months of me exposing all the failures of our mayor, so it’s gonna be a fun ride,” Pratt said. “I hope she’s ready.”

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Assuming Pratt holds on to one of the two spots in the Nov. 3 general election as the final votes are tallied in the next few days, the smart money will be on Bass, for reasons I’ll get into in a moment.

But the supreme being and patron of all pontiffs has to be considered a wild card. This is the first time, to my knowledge, that an incumbent mayor in the City of Angels would be running against a challenger whose campaign manager is God Almighty.

So here we go. We could be in for one of the more remarkable electoral adventures in city history, with a complete novice and MAGA conservative going up against a liberal career politician in a deep-blue city and state full of people who are tired of hearing excuses from Democrats. (If Raman ends up ousting Pratt, my apologies for jumping to conclusions. But it’s not my fault. The devil made me do it.)

If you intend to follow closely, as of course you should, maybe you can help me count the number of times Pratt plays the faith card. I went to St. Peter Martyr School and attended the church by the same name, and I don’t recall ever hearing a nun or a priest drop God’s name as often as Pratt does.

In fact, I just watched a clip of Pratt talking to Fox News TV host and Donald Trump disciple Kayleigh McEnany, and over the course of 1 minute and 52 seconds, he mentioned God or Jesus 10 times.

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“Thankfully, I married an angel who was very connected with Jesus and has brought me to the light,” Pratt said of his wife and former reality TV co-star Heidi Montag. “It’s been very empowering to just pray and just be on his path and just say, ‘God, if you want me to save these animals, save these humans and protect my city, just keep putting me in the place where I can do that.’”

Is he running for mayor or cardinal?

Look, I totally respect your average true believer. But I’m not entirely comfortable with a mayor who might be sitting around City Hall waiting for signs and smoke signals rather than knowing what to do on his own.

God has a lot on his plate. He might be busy multiplying fishes and loaves so people don’t go hungry thanks to the president’s tariffs and warmongering. Is he going to rush to answer a prayer for guidance about underfunded parks or broken sidewalks in Los Angeles?

How did we get here, you ask?

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Well, Pratt is an AI creation, in a way. A composite of sorts. You combine the forces of social media, political rebellion, second-rate celebrity obsession and the Peter Principle, and here’s a little Trump puppet walking around L.A. like he’s the chosen one.

Add to that the very real essence of his appeal to some voters:

Los Angeles has problems. Big problems that don’t get fixed quickly enough or at all, and Pratt represents the angry voter who wants to know why City Hall can’t do better and where all the money went. He’s absolutely right when he says we shouldn’t have people living on the streets, using drugs on the streets and dying on the streets.

But if Pratt is in the general election rather than Raman, we’re in for a national media circus rather than a summit on solutions. Raman is well-versed on matters of relevance and could have pushed back against Bass in substantive, detailed ways. On the other hand, as Pratt has fairly argued, Raman headed City Council’s homelessness committee, so isn’t she partly to blame for the failures she tried to pin on Bass?

As for Pratt’s policy chops, he has not responded to my offers of a get-together. Absent that, and given his careful avoidance of local reporters who know their stuff, I read his platform on his campaign website and I can tell you that while he touches on many of the right issues — public safety, fiscal integrity, homelessness — attention to detail and depth of knowledge are not God-given strengths.

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Maybe Pratt can actually deliver on his promise of a “treatment-led recovery model that addresses mental illness and addiction as the primary drivers of chronic homelessness.” But that would require an act of God (which I suppose is possible given their relationship), because those matters are primarily under the direction of the county, not the city.

This is the main problem here. Bass was beatable, and could have been pushed by a serious challenger to do better.

In the last election, Rick Caruso gave her a scare. That was partly because he had some depth on the issues, he was a successful businessman and philanthropist, he had served on the police commission and the water and power board, he had built relationships across the city and, along with his family, he had poured time and millions of dollars into underserved communities.

In this election, it looks as though Bass could get lucky and face off against a guy who lost his house in the Palisades fire, saw a few homeless encampments through his car window, and decided he wanted to be mayor. Some might have questioned his hubris, but only before learning that he was on a mission from God.

If you’re keeping count, that’s nine mentions of God so far in this column.

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One more for the tie, with an eye toward five more months of campaign fodder.

Thank you, God.

steve.lopez@latimes.com

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Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

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Bessent flips script on Dem senator with reminder about his son’s past ties to Epstein

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Sen. Ron Wyden, D-Ore., suddenly found himself on the defensive at a budget hearing on Wednesday when, amid levying accusations of the Trump administration’s “corrupt” dealings, Treasury Secretary Scott Bessent fired back by bringing Wyden’s son’s investments into the exchange.

“We would like to hear what Adam Wyden and Jeffrey Epstein talked about,” Bessent said, referring to unearthed emails drawing a connection between the senator’s son and the disgraced financier.

“Did your son and Jeffrey Epstein talk about pole dancing as he begged him for money?”

The moment continues the political fallout for the many names associated with Epstein that — despite not amounting to proof of wrongdoing — continue to prompt embarrassment and scandal at even the smallest mention.

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TOP FIERY MOMENTS AS DEMOCRATS CLASH WITH TREASURY SECRETARY BESSENT IN CHAOTIC HILL HEARINGS

Treasury Secretary Scott Bessent, left, pictured along Sen. Ron Wyden, D-Ore, right. (Aaron Schwartz/Bloomberg via Getty Images; Chip Somodevilla/Getty Images)

Epstein, a former financier, died while in prison on charges of sex trafficking minors in 2019, leaving behind questions of whether he facilitated illegal sexual encounters for his vast network of rich and powerful figures.

Amid public demands for transparency on the matter, the Department of Justice released troves of documents on Epstein late last year, unveiling a slew of new names with all manner of ties to the infamous figure ranging from purely innocuous to alarming.

Among them, emails surfaced indicating that Adam Wyden, Ron Wyden’s son, went to Epstein, hoping to gain his support for a business venture.

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UNEARTHED EMAILS REVEAL DEM SENATOR’S SON WANTED EPSTEIN TO JOIN HIS FUND: ‘ENJOYED OUR CONVERSATION’

Sen. Ron Wyden leaves a Senate Democratic meeting at the U.S. Capitol Building in Washington, D.C., on Oct. 3, 2025, as the federal government shuts down after Congress and the White House failed to reach a funding deal. (Kevin Dietsch/Getty Images)

“Jeffrey, I wanted to thank you for taking the time to meet with me. I thoroughly enjoyed our conversation and hope my passion and dedication for my business came through in the meeting. I live and breathe this business and take my returns, integrity and reputation quite seriously,” the younger Wyden said in an email in April 2016.

“I intensely appreciate like-minded individuals and would very much look forward to having you join us at the fund.”

The emails came after Epstein pleaded guilty to soliciting a minor for prostitution in Florida in 2008.

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It’s unclear what the business venture discussed by Adam Wyden and Epstein may have been or what, specifically, had been discussed in their conversations.

Even so, Bessent reminded viewers that the younger Wyden had a history of investing in off-color markets at Wednesday’s hearing.

DEMOCRATS ARE HAMMERING REPUBLICANS ON EPSTEIN, BUT ONE SENATOR BRUSHED OFF THE ISSUE YEARS AGO

Treasury Secretary Scott Bessent addresses a press conference in Rosenbad after trade talks between the U.S. and China concluded in Stockholm, Sweden, on July 29, 2025. (Magnus Lejhall/TT News Agency/AFP via Getty Images)

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Your son’s largest investment position was Rick’s Cabaret,” Bessent said, referring to a series of strip clubs.

Wyden, who has widely panned the Trump administration and its many officials for their own connections to Epstein, didn’t respond to Bessent’s jabs.

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Hilton and Becerra lead California’s unsettled governor’s race; Steyer faces elimination

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Hilton and Becerra lead California’s unsettled governor’s race; Steyer faces elimination

As election officials continued tallying ballots Wednesday, Republican Steve Hilton and Democrat Xavier Becerra continued to lead in the unsettled race to replace termed-out Gov. Gavin Newsom, with billionaire Democrat Tom Steyer hoping for a surge in late-arriving votes to push him into one of the top-two spots to advance to the November general election.

Hilton, a British immigrant and former Fox News commentator, told reporters outside the state Capitol in Sacramento Wednesday morning that he was “very encouraged” by the latest results, though he stopped short of declaring victory.

“It does look as if change is coming to California, and that is good news for everyone, every small business, every working family, everyone who wants to see our state set back on track,” he said.

Becerra and Steyer did not hold public events as of Wednesday afternoon.

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Election data analyst Paul Mitchell said it would be nearly mathematically impossible for Steyer to close the gap.

“As we start to get more data, the runway is going to get shorter and shorter,” he said.

He said Steyer, to finish in the top two in the primary, would have to get about 30% of the remaining uncounted votes while Becerra would need to be limited to 15%. The self-funded billionaire has “a very high hill to overcome, and the challenge gets steeper and steeper as we get more data from the counties,” Mitchell said.

Once mired near the bottom of a crowded pack of Democrats in opinion polls, Becerra, a former Biden administration cabinet member, rocketed ahead of his rival candidates after former Rep. Eric Swalwell dropped out of the race in April amid allegations of sexual assault and misconduct. The scandal triggered an upswing of voter interest in California’s once sluggish governor’s race and in Becerra, who seized the moment.

“Here in Hollywood’s hometown, we love a good underdog story,” Becerra told cheering supporters at his election night party at La Plaza de Cultura y Artes in downtown Los Angeles.

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Becerra spoke about his Mexican immigrant parents and becoming the first in his family to attend college. Though a longtime California politician, Becerra said that his campaign for governor was outspent and that he faced calls to drop out of the race.

“The underdog stayed in the fight,” he said. “Like my parents, I never gave up. … Never stopped believing in the beacon-light goodness of California and thankfully, neither did you.”

Steyer, who spent more than $216 million of his wealth on the race, has not conceded defeat.

His campaign manager, Heather Hargreaves, wrote in a letter to supporters Wednesday that “we’re going to give democracy time to work. County election officials are still counting ballots and don’t expect to know how many people voted in total until” Thursday, when officials are required to report the estimated number ballots left to process.

The billionaire former hedge fund owner campaigned against the corporate and special interests that have a powerful presence in Sacramento and often spend heavily in elections, including this year against Steyer.

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Billionaires “do everything they can to hoard their wealth and avoid paying taxes, and we see corporations continue to rig the system for themselves — raising your prices to juice their profits. Screw that,” Steyer said at his election watch party at the Regency Ballroom in San Francisco.

Other candidates in the race included Republican Riverside County Sheriff Chad Bianco and Democrats including former Rep. Katie Porter, San José Mayor Matt Mahan, former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond.

Villaraigosa, Mahan and Porter conceded the race Tuesday night.

California’s 2026 race for governor started slow but ended with a flourish, including the demise of a scandal-ridden Democratic favorite, the anointing of a Republican by Trump and Becerra’s unexpected rise from the depths of the candidate field.

Unlike gubernatorial elections in the last quarter of a century, this year’s race lacked a clear crowd-pleasing front-runner able to win over voters, such as movie star Arnold Schwarzenegger or Jerry Brown, a sage of the California electorate and scion of a storied political family. But it unfolded at a time when the state’s residents are overwhelmed by high housing costs, steep gas prices and overall unaffordability that threatens the “California dream” that once drew millions of people to the state.

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“Normal people are not living and breathing politics on a daily basis,” said Tim Rosales, a strategist who ran Republican John Cox’s unsuccessful 2018 gubernatorial campaign. In today’s information-saturated environment, Rosales said, the race and its roster of “extremely milquetoast candidates” didn’t break through until the Swalwell scandal grabbed voters’ attention.

The 2026 gubernatorial primary has been one of the most unpredictable and expensive in decades and a race that was shaped early on by a number of heavyweight Democrats staying on the sidelines.

Though supporters urged them to run, former Vice President Kamala Harris, Sen. Alex Padilla and Atty. Gen. Rob Bonta passed on the race. It was in a state of limbo for months last year as Harris, one of the state’s most high-profile politicians, weighed whether to jump in.

“I don’t ever recall a playing field that looks like this one. Usually there’s a clear front-runner,” said veteran Democratic strategist Darry Sragow. “It’s easy to say that it reflects a lack of talent [but] that’s absolutely not true. Almost any of the candidates running could make a good governor.”

Still, candidates struggled for months to break through to voters.

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In February, polls showed the crowded field of Democrats splitting liberal voters and opening a statistical possibility that the party would be boxed out of November under California’s open, top-two primary, which places all candidates on the same ballot. Only the first- and second-place finishers in the primary advance to the general election, regardless of their party affiliation.

Just when Swalwell appeared on the cusp of becoming the Democratic front-runner the San Francisco Chronicle and CNN published allegations that he sexually assaulted a former staffer and acted inappropriately with other women. Swalwell suspended his campaign.

It was Becerra who benefited the most. In less than two months, he vaulted from polling in the low single digits to the top of the field of candidates, according to surveys conducted by UC Berkeley’s Institute of Governmental Studies that were co-sponsored by the Los Angeles Times.

“Becerra caught lightning in a bottle,” Rosales said. “It could have easily gone to any of the other candidates,” but many had baggage. Videos of Porter losing her temper hurt her image, the source of Steyer’s wealth and his unbridled campaign spending weighed on voters’ minds, and Villaraigosa and Mahan were “more centrist than what most Democrats wanted, and so Xavier Becerra was really the safe choice,” Rosales said.

Before Democratic voters began to narrow down their choices, Trump endorsed Hilton in early April. It helped the former Fox News host break away from Bianco, his main GOP rival.

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In the days before the primary election, the race solidified into a three-way contest involving Becerra, Steyer and Hilton.

Steyer stepped up his fight in the remaining days, seeking to squeeze into one of the top two spots by battering Becerra in ads and at campaign rallies as a politician propped up by corporate special interests.

“We cannot afford to have a governor who’s been bought off by Big Oil. Period,” he said at a Sunday rally in Los Angeles.

Corporations, along with labor unions and interest groups including the California Assn. of Realtors, had spent more than $18.7 million to boost Becerra, according to the election spending tracker California Target Book. Many of the same groups also gave money to a committee intended to attack Steyer.

As the election neared, Becerra sharpened his attacks against Steyer, calling the billionaire a “liar” and accusing him of trying to buy the election.

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“We are not going to let a billionaire or Trump’s handpicked candidate take over this state,” he said during a Sunday rally in Long Beach.

If Becerra faces off with Hilton in November he’ll have a distinct advantage. Democratic voters outnumber Republicans nearly 2 to 1 in left-leaning California.

Winning the general election would make the 68-year-old Becerra the first elected Latino governor of California. At roughly 40% of the state’s population, Latinos are California’s largest ethnic group but have not been represented in the governor’s mansion since 1875, when then-Lt. Gov. Romualdo Pacheco was elevated to fill a 10-month vacancy.

Times staff writers Iris Kwok, Susanne Rust, Andrew Khouri and Christopher Goffard contributed to this report.

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