Former United States Attorney Brett Tolman laughed at and criticized Democrats on Monday for attacking the Supreme Court after its presidential immunity ruling.
The Supreme Court on Monday found that presidents have immunity from criminal prosecution for “official acts” in office following former President Donald Trump’s appeal to dismiss special counsel Jack Smith’s election interference case against him. Democrats criticized the decision as damaging “democracy,” with Tolman on “America Reports” reacting by saying that the ruling is exemplary of democracy functioning.
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“Well, it’s literally the definition of democracy working,” Tolman told host Sandra Smith after laughing. “It is separation of powers. It is judges that, just recently, Judge Barrett and Justice Roberts, were praised by the left for some of the decisions that have come out. We saw several unanimous decisions. They had no issues with any of those, but now when there’s a very important case that divided on political lines, they have an issue with it.”
Democratic New York Rep. Alexandria Ocasio-Cortez pledged on Monday to file articles of impeachment against the justices, saying in a post on X that the “Supreme Court has become consumed by a corruption crisis beyond its control” and that the ruling “represents an assault on American democracy.”
“I will tell you, Sandra, this is a decision that was actually not difficult when it comes to analyzing the law,” he continued. “They came down exactly where the Constitution is on it, where the law is, and it is not a slam-dunk 100% win for President Trump. It’s like a 90% win for President Trump when you combine that with the Fischer opinion that came out. But that’s the way it should be because we’re seeing that they’ve been using and manipulating our criminal laws to try to take out a political opponent. And the Supreme Court said, ‘hey, let me remind you that you have to satisfy the proper show of evidence in order to pursue this.’”
The Supreme Court ruled on Friday that the Department of Justice interpreted an obstruction statute too broadly when charging Jan. 6 defendant Joseph Fischer’s and hundreds of others. The ruling may impact Trump’s case as two of the charges brought by Smith pertain to the statute.
“This disgraceful decision by the MAGA Supreme Court – which is comprised of three justices appointed by Mr. Trump himself – enables the former President to weaken our democracy by breaking the law. This decision undermines the credibility of the Supreme Court, and suggests that political influence trumps all in our courts today,” Democratic Senate Majority Leader Chuck Schumer said of the latest ruling.
Trump’s prior attorney Michael van der Veen said that the ruling also shields President Joe Biden from prosecution.
“You know, what‘s interesting about this decision now is it really protects President Biden. President Biden, when he is no longer the president, whatever that is, won’t really be able to be prosecuted for anything that he‘s doing in office that’s an official act. And so it gives him a level of protection in this decision today, that I don’t think folks are really contemplating yet,” van der Veen said.
