Are we going to elect a president who cares so little about the rule of law?

I have a question for those planning to vote for Donald Trump: Are you afraid of the possibility of a president who doesn’t care about following the law, especially at a time when there seems to be no realistic way to hold him accountable?

Of course, I understand that conservatives prefer his policy positions, while liberals prefer Kamala Harris’s. The country is pretty evenly divided between Republicans and Democrats, and This explains why the polls are so close.

But perhaps because I am a lawyer and someone interested in constitutional law, I ask a different question to those who are considering or planning to vote for Trump. Are you worried about having a president who has repeatedly demonstrated that he will violate the law? A president who knows that he can act with impunity when he takes office?

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Trump knows that if he is in the White House once again, there is no longer a realistic check on his authority. He was impeached twice by the House of Representatives, but that didn’t change anything. He knows it is inconceivable that two-thirds of the Senate would convict him. And if Republicans retain control of the House of Representatives, it’s equally hard to imagine it impeaching him again.

on July 1 Supreme Court rules in Trump v. United StatesIt ruled that a current president or former president has absolute immunity from criminal prosecution for anything he did while performing official duties under the Constitution or federal law. The court said there is a presumption of absolute immunity even for acts outside presidential authority.

The court made clear that a president who orders the Justice Department to launch political investigations against rivals in retaliation would be protected by absolute immunity; It’s something Trump has repeatedly said he wants to do. Indeed, the court reasoned, a president could order the military to assassinate political rivals. And this will be immune from criminal prosecution.

The court also confirmed that the president cannot be sued for monetary damages for actions he took using the powers of his office.

This lack of accountability for the president should be troubling no matter who is in office. However, this should be a very important consideration when evaluating a candidate who has no qualms about breaking the law.

Trump was twice found by juries to have sexually harassed E. Jean Carroll and then slandered her. A jury in New York found Trump guilty of 34 felonies for allowing Stormy Daniels to be paid to keep quiet about their sexual relationship and then falsifying business records to conceal it to avoid hurting his 2016 presidential campaign. A state court judge also found that Trump and his company repeatedly engaged in fraudulent business practices and was fined $450 million.

And then there are the pending indictments against Trump: He will be tried in Georgia state court for attempting to undermine the results of the 2020 election in that state, including asking Georgia Secretary of State Brad Raffensperger to “find” nearly 11,000 votes. He was charged in Florida with obtaining top-secret documents in apparent violation of federal law and then attempting to cover up the crime. He was also indicted in federal court in Washington, D.C., on charges related to attempting to overturn the 2020 election.

All these examples taken together show what seems obvious: Trump has no qualms about violating the law. That’s why I ask those who voted for Trump, don’t you agree with my concerns? Or do you think what Trump offers as president outweighs the risks of him being president without meaningful checks to hold him accountable?

Some prominent conservative Republicans, including former Vice Presidents Dick Cheney and Mike Pence, both of whom have impeccable conservative credentials, answered that question by announcing that they could not vote for Trump. Among those who say they cannot vote for Trump is a long list of people who served in his first administration, including Defense Secretary Mark Esper, Trump’s White House Chief of Staff John Kelly and H.R. McMaster of US Homeland Security. is taking. Advisor.

While running for president in 2016, Trump said: “I can stand in the middle of Fifth Avenue and shoot someone and not lose any voters, okay? … This is incredible.” This November’s election is really about whether that’s true.

This is a country based on the rule of law and the fundamental principle that no one, not even the president, is above the law. Are we now going to elect a president who cares so little about the rule of law at a time when there is little to check his actions once he takes office?

Erwin Chemerinsky is dean and professor of law at UC Berkeley School of Law.