At Thursday’s Supreme Court hearing on Trump’s immunity claim, Justice Alito worried that prosecuting former presidents would create an incentive for incumbent presidents to subvert democracy to remain in office and avoid prosecution (Transcript, p. 110-11):
JUSTICE ALITO: All right. Let me end –end with just a question about what is required for the functioning of a stable democratic society, which is something that we all want. I’m sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully if that candidate is –is the incumbent.
MR. DREEBEN: Of course.
JUSTICE ALITO: All right. Now, if a –an incumbent who loses a
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