The Immunity Game

Writing or reading a Constitution is harder than it looks

Photo by Tingey Injury Law Firm on Unsplash

If you were designing a republic with a chief executive, under which of these sets of facts would you want an ex-president to be prosecuted?

1. Fred is running for President. An eavesdropper overhears Steve say to Fred. “I’ll give you $1,000,000 if you promise to nominate my son-in-law Mike to the Supreme Court.” Mike is qualified (and so will be confirmed if nominated). Fred replies that he does not care whom he puts on the Court, accepts the money, wins the election, gets a SCOTUS opening, but does not appoint Mike to the Court.
2. Same as 1, but Fred appoints Mike to the Court.
3. Same as 1 and 2, but Steve promises to give the money to Fred’s campaign or a PAC favorable to Fred. Fred agrees and the donation is made.
4. Same as 1, 2, or 3, but Steve gives Fred a list of ideologues to choose from. Fred announces publicly that he will nominate Justices only from that list, which he then does.
5. Same as 4, except that Steve, who has significant political clout — say he’s a long-term congressman from a state with an important primary — offers his endorsement instead of money.
6. Same as 5, except Steve demands that Fred select a black vice president and appoint a black woman to the…