Justice Brett Kavanaugh warned during a Supreme Court hearing that without standards distinguishing public and private presidential behavior, current and future presidents could face perpetual threats of retaliation.
Kavanaugh argued prosecutions could cycle between opposing parties in different administrations.
“It’s not going to stop,” Kavanaugh said.
“It’s going to cycle back and be used against the current president or the next president and the next president and the next president after that,” he said.
However, some argue the Biden administration’s aggressive prosecution of hundreds related to the Jan. 6 Capitol incursion, including using obscure statutes, shows they do not fear this becoming a boomerang issue that could be used against them later.
This has raised questions regarding whether establishment officials believe they are secure enough in their power that retaliation will not threaten them.
