“I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances when we have a criminal justice system that had ordinarily treated everyone the same,” she said in a video clip of an interview with CBS News’s Norah O’Donnell that was released Wednesday about the court ruling that explored whether or not former presidents have substantial protection from prosecution.
“The President enjoys no immunity for his unofficial acts, and not everything the President does is official,” Chief Justice John Roberts had written for the majority in July.
“The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive,” he said.
Justice Sonia Sotomayor, including Justices Elena Kagan and Jackson, dissented, saying the decision “makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.”
“In your dissent, you wrote that the court declared for the ‘first time in history that the most powerful official in the United States can, under circumstances yet to be fully determined, become a law unto himself.’ Sounds like a warning,” O’Donnell said to the Supreme Court justice.
“That was my view of what the court determined,” Jackson said.
The CBS anchor asked Jackson if the high court was prepared for legal issues from this year’s election.
“Are you prepared that this election could end up before the Supreme Court?” Jackson replied, replying with a quip, “Let me ask you, are you prepared for all of the news cycles that you are getting as a result of this one?”
O’Donnell laughed, exclaiming, “No!”
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“Exactly. I mean, I think there are legal issues that arise out of the political process and so the Supreme Court has to be prepared to respond, should that be necessary,” Jackson said.
The rest of O’Donnell’s full interview with Jackson will air on this weekend on CBS Sunday Morning.
