Relatedly, some legal commentators may have done the public a disservice over the last decade in overly fixating the public imagination on the idea that the former president was going to be perp walked imminently.
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If the only role for public law is criminal prosecution, then in the wake of that failure and the Court’s immunity decision, perhaps it is no surprise that the public has shifted to a self-defeating nihilism about the President’s current defiance of statutes and the Constitution.
Of course, for the entirety of this young country’s history, we have managed to hold up the public law house of cards without needing to enforce it through criminal prosecution of the President. We can continue to do so but it requires faith in the project of public law.
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