Elizabeth Price Foley, a constitutional law professor known for her expertise in separation of powers, and Glenn Greenwald, a Pulitzer Prize-winning journalist, engage in a lively debate over the Supreme Court's ruling on presidential immunity. Foley defends the necessity of immunity for executive functions, while Greenwald argues it creates a dangerous precedent. They explore historical examples, the implications of unchecked power, and the balance between accountability and presidential authority, shedding light on a crucial aspect of U.S. governance.
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Presidential Immunity for Official Acts
The Supreme Court's decision in Trump v. United States established that presidents have immunity for "official acts" taken within their Article II authority.
This principle isn't new; it builds upon the 1981 Nixon v. Fitzgerald case involving civil suits.
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Rationale for Immunity
The rationale behind presidential immunity is rooted in the principle of horizontal separation of powers among the three branches of government.
Unlike the legislative and judicial branches, all executive power is vested in a single person, the President, making them a unique target for litigation.
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Immunity and the Founders
Glenn Greenwald agrees with Professor Foley that the Trump v. United States ruling wasn't shocking, given the trend of increasing presidential immunity.
However, he argues that granting immunity, even for criminal acts committed in office, recreates the very abuses of monarchy that the founders sought to avoid.
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Published in 1651, 'Leviathan' by Thomas Hobbes is a comprehensive treatise on political philosophy. The book is divided into four main parts: 'Of Man,' 'Of Commonwealth,' 'Of a Christian Commonwealth,' and 'Of the Kingdom of Darkness.' Hobbes argues that the natural state of humans is one of conflict and anarchy, and that the best way to achieve peace and security is through the establishment of a commonwealth governed by an absolute sovereign. This sovereign, which Hobbes terms the 'Leviathan,' has supreme authority over all aspects of governance, including law, religion, and public offices. Hobbes' work is a foundational text in social contract theory and continues to influence political thought to this day.
Justice for Some
Law and the Question of Palestine
Noura Erakat
In this book, Noura Erakat explores the strategic deployment of law in the Israeli-Palestinian conflict, focusing on key junctures from the Balfour Declaration in 1917 to present-day wars in Gaza. Erakat argues that international law is not an objective arbiter but a tool that can be used to advance the interests of powerful actors. She demonstrates how legal interpretations depend on historical context, power dynamics, and the strategies of jurists. The book critiques the use of a sui generis legal framework that has excluded Palestinians from legal protections and facilitated their dispossession. Erakat also examines Palestinian legal efforts to pursue international recognition and the limitations of these efforts within the current geopolitical framework.
Did the Supreme Court err in its July 1 ruling in Trump v. United States that "the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority"? That was the subject of this month's Soho Forum debate. Law professor Elizabeth Price Foley and journalist Glenn Greenwald debated the resolution, "Presidential immunity for official acts is a key factor in the proper functioning of the U.S. government's executive branch."
Defending the resolution was Foley, a professor of law at Florida International University, where she teaches constitutional law and separation of powers. She has testified before Congress on numerous constitutional topics, and is the author of three books on constitutional law.
The Soho Forum Debates 
