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Justice Ketanji Brown Jackson says she's 'concerned' about presidential immunity allowed by Constitution

"I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances, when we had a criminal justice system that had ordinarily treated everyone the same,” Jackson said of her dissent in the ruling.

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"I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances, when we had a criminal justice system that had ordinarily treated everyone the same,” Jackson said of her dissent in the ruling.

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Justice Ketanji Brown Jackson expressed concern on Wednesday over the Supreme Court's ruling in the presidential immunity case and claimed that "a system" appeared to treat the alleged criminality of Donald Trump “differently” than other Americans.

In an appearance on CBS News Mornings, the host noted Jackson's dissent in the July presidential immunity ruling, saying, "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. It sounds like a warning.”

“Well, I mean, that was my view of what the court determined," Jackson stated. "You were concerned about broad immunity," the host replied. "I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances, when we had a criminal justice system that had ordinarily treated everyone the same,” Jackson said.

Chief Justice John Roberts wrote in the majority opinion, "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."

The question of presidential immunity has dominated special counsel Jack Smith’s January 6 case against former President Donald Trump, alleging election interference. 

A Washington, DC grand jury on Tuesday returned a superseding indictment in the latest development of the case charging Trump with the same four counts he had been charged with over a year ago with another grand jury.

The indictment followed Smith’s admission that he would not be able to have a “mini-trial” of Trump before the November presidential election.

The 36-page superseding indictment charges Trump with Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Proceeding, and Conspiracy Against Rights. Trump was quick to say the new indictment has "all of the problems of the old" and called for it to be dismissed.

"For them to do this immediately after our Supreme Court Victory on Immunity and more, is shocking. I’ve also been informed by my attorneys, that you’re not even allowed to bring cases literally right before an Election – A direct assault on Democracy!"

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