{"id":86775,"date":"2024-07-03T12:23:22","date_gmt":"2024-07-03T12:23:22","guid":{"rendered":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/07\/03\/u-s-allies-see-a-worrisome-turn-in-presidential-immunity-ruling\/"},"modified":"2024-07-03T12:23:22","modified_gmt":"2024-07-03T12:23:22","slug":"u-s-allies-see-a-worrisome-turn-in-presidential-immunity-ruling","status":"publish","type":"post","link":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/07\/03\/u-s-allies-see-a-worrisome-turn-in-presidential-immunity-ruling\/","title":{"rendered":"U.S. Allies See a Worrisome Turn in Presidential Immunity Ruling"},"content":{"rendered":"<div style=\"text-align:center\"><img loading=\"lazy\" decoding=\"async\" width=\"1050\" height=\"550\" src=\"https:\/\/i1.wp.com\/static01.nyt.com\/images\/2024\/07\/03\/multimedia\/03global-immunity-jtcw\/03global-immunity-jtcw-facebookJumbo.jpg?resize=1050,550&amp;ssl=1\" class=\"attachment-post-thumbnail size-post-thumbnail wp-post-image\" alt=\"U.S. Allies See a Worrisome Turn in Presidential Immunity Ruling\" title=\"U.S. Allies See a Worrisome Turn in Presidential Immunity Ruling\" \/><\/div><p> <br \/>\n<\/p>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Allies of the United States had already been looking at the country\u2019s upcoming election with anxiety. Now, with the United States Supreme Court <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2024\/07\/01\/us\/politics\/supreme-court-trump-immunity.html\" title=\"\">granting<\/a> an unprecedented <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2024\/07\/01\/us\/politics\/immunity-president-supreme-court.html\" title=\"\">expansion<\/a> of executive power by giving presidents legal immunity, analysts in some of those countries are even more concerned about the reliability of American power.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Across Asia and Europe, where allied leaders have grown accustomed to dealing with threats from authoritarian leaders in Russia, North Korea and China, the idea that they might also have to deal with an unfettered American president is an unsettling prospect.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cIf the U.S. president is free from the restrictions of criminal law, if he has that level of criminal immunity, the other leaders of the allied nations cannot trust the U.S.,\u201d said <a class=\"css-yywogo\" href=\"https:\/\/k-ris.keio.ac.jp\/html\/100000010_en.html\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">Keigo Komamura<\/a>, a professor of law at Keio University in Tokyo. \u201cWe cannot maintain a stable national security relationship.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Komamura added that the Supreme Court\u2019s decision now gave the perception of an American president who can operate above the law. \u201cThis may be rude to the U.S., but it is not that different from Xi Jinping in China,\u201d he said. \u201cThe rule of law has become the rule of power.\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Though some give limited immunity to leaders while in office, Japan, South Korea, Australia and Great Britain \u2014 among the United States\u2019 closest allies in the world \u2014 offer nothing like the sweeping protections the Supreme Court appears to have granted in its ruling this week.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The court\u2019s decision to give the president immunity from criminal prosecution for official conduct \u2014 which was itself vaguely defined by the court \u2014 was \u201cout of line with global norms,\u201d said <a class=\"css-yywogo\" href=\"https:\/\/www.unsw.edu.au\/staff\/rosalind-dixon\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">Rosalind Dixon<\/a>, a professor of law at the University of New South Wales in Sydney. \u201cI think that what is occurring in the United States in terms of the court\u2019s ruling and the presidential election should be of grave concern to all of America\u2019s allies.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In South Korea, political leaders essentially have no legal protections from criminal prosecution once they are out of office \u2014 and the president is limited to a single term. Four of the past eight former presidents have been convicted and <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2018\/08\/24\/world\/asia\/park-geun-hye-sentenced-south-korea.html\" title=\"\">imprisoned<\/a> after leaving office for corruption and other crimes they committed before and while they were in office.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">\u201cI think many Koreans are proud of the fact that no one is above the law, even the president,\u201d said <a class=\"css-yywogo\" href=\"https:\/\/www.kcl.ac.uk\/people\/ramon-pacheco-pardo\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">Ramon Pacheco Pardo<\/a>, a professor of international relations at King\u2019s College London and the chair of Korean studies at the Brussels School of Governance at Vrije Universiteit. \u201cBut in the U.S., it appears that presidents are created differently from the rest of the people.\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Still, the frequency of criminal indictments of officials in South Korea has contributed to increasing <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2024\/04\/07\/world\/asia\/south-korea-election-yoon.html\" title=\"\">political polarization<\/a>, with some supporting the punishments as acts of justice and others viewing them as little more than political revenge orchestrated by a new president.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">While in office, presidents of South Korea have immunity from criminal indictment except in cases of \u201cinsurrection or treason.\u201d Such a clause was pointedly not included in the U.S. Supreme Court\u2019s decision, which ruled that former President Donald J. Trump is entitled to immunity from prosecution on charges that he tried to overturn the result of the 2020 presidential election.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In Japan, the <a class=\"css-yywogo\" href=\"https:\/\/japan.kantei.go.jp\/constitution_and_government_of_japan\/constitution_e.html#:~:text=Article%2015.,the%20election%20of%20public%20officials.\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">Constitution<\/a> grants all members of the Diet, as Japan\u2019s Parliament is known, immunity from arrest while in office, but not from criminal prosecution, Mr. Komamura said. The prime minister, who must be a member of Parliament, is covered under this clause.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">One of the biggest scandals of the 1970s in Japan was when former Prime Minister Kakuei Tanaka was indicted on <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/1976\/08\/17\/archives\/tanaka-indicted-on-bribe-charge-in-lockheed-case-expremier-is-said.html\" title=\"\">bribery charges<\/a> for having accepted $1.6 million from Lockheed to arrange the purchase of aircraft by All Nippon Airways, Japan\u2019s largest airline.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Even in countries where there is some immunity for political leaders, it is usually more narrowly defined. In the United Kingdom, where members of Parliament broadly enjoy legal protections from prosecution for political speech, they are not immune from the criminal laws that govern the public.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">The <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2022\/04\/12\/world\/europe\/boris-johnson-partygate-fines-rishi-sunak.html\" title=\"\">police fined<\/a> former Prime Minister Boris Johnson, for example, while he was still in office for attending a lockdown party at Downing Street that broke coronavirus laws that his own cabinet had instituted during the pandemic.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Even where legal immunity is more strictly defined, though, the laws may not be as big a factor as political culture.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In Malaysia, although executive immunity is not as sweeping as the U.S. Supreme Court just granted to presidents, a culture of impunity has meant that few leaders are taken to court despite widespread corruption.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">For years, former Prime Minister Najib Razak <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2018\/05\/15\/world\/asia\/malaysia-najib-razak-fall.html\" title=\"\">escaped a criminal conviction for a multibillion-dollar corruption scanda<\/a>l because of his control of the country\u2019s courts and media.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">After the opposition came to power in 2018, he was found <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2020\/07\/28\/world\/asia\/malaysia-1mdb-najib.html\" title=\"\">guilty<\/a> in 2020 on seven corruption counts and sentenced to up to 12 years in prison. Earlier this year, however, his sentence was <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2024\/02\/02\/world\/asia\/malaysia-reduces-sentence-najib-razak.html\" title=\"\">halved<\/a>, and his fine was cut to a quarter of the original amount by the country\u2019s pardon board. There has been widespread speculation that he was about to receive royal clemency from the king.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cMaybe Trump can get a royal pardon like his good friend Najib in Malaysia,\u201d posted one X user on Monday.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Whether legal prosecutions can derail politicians determined to stay in office is another question.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In Israel, all members of Parliament, including the prime minister, are subject to absolute immunity from prosecution of acts committed while performing their official duties. It is a protection not unlike that defined by the U.S. Supreme Court ruling.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">That has not prevented prosecutions. Although Israel\u2019s prime minister, Benjamin Netanyahu, was <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2019\/11\/21\/world\/middleeast\/netanyahu-corruption-indicted.html\" title=\"\">indicted<\/a> on charges of bribery, fraud and breach of trust nearly five years ago, he has maneuvered tenaciously to stay in office. Before the war in Gaza, Mr. Netanyahu, whose corruption trial is ongoing, tried to <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2023\/03\/23\/world\/middleeast\/israel-netanyahu-protests.html\" title=\"\">expand his powers over the country\u2019s courts, triggering mass protests in Israel<\/a>.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">In all that, he has departed from the precedent set by a predecessor, Ehud Olmert, who <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2008\/09\/22\/world\/middleeast\/22olmert.html\" title=\"\">stepped down<\/a> when he was mired in corruption investigations.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\"><a class=\"css-yywogo\" href=\"https:\/\/www.runi.ac.il\/en\/faculty\/ashinar\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">Adam Shinar<\/a>, a professor of law at Reichman University in Tel Aviv, said that the Supreme Court\u2019s ruling basically introduced in the United States the same kind of immunity that Israeli leaders have had since 1951. But he said that American presidents have enjoyed de facto immunity for decades.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cNobody has ever talked about prosecuting them for things after they left office,\u201d said Mr. Shinar. The closest anyone came was discussions about whether Richard Nixon would be prosecuted for the Watergate scandal, but his successor, Gerald Ford, pardoned him before any trial could take place.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The new U.S. court ruling has taken on particular urgency abroad in large part because of the prospect that Mr. Trump could again become president.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Shinar said that because of Mr. Trump\u2019s disregard for legal or political norms, and the widening political divide and basic distrust in American government, the reaction to the Supreme Court\u2019s ruling is more dramatic than it might have been in another era.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">\u201cIf this decision came down in the 1950s with Eisenhower as president, would we be as concerned or as outraged? Maybe not,\u201d he said. \u201cIf we don\u2019t trust our politicians to do good things anymore, then we need other things to step in, for example the criminal justice system.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">He added: \u201cBut if we have declining trust in our political institutions at the same time that there is growing immunity for our politicians, there\u2019s a problem with that.\u201d<\/p>\n<p class=\"css-798hid etfikam0\">Choe Sang-Hun<!-- --> contributed reporting from Seoul, and <!-- -->Tashny Sukumaran<!-- --> from Kuala Lumpur, Malaysia.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.nytimes.com\/2024\/07\/03\/world\/asia\/supreme-court-immunity-allies.html\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Allies of the United States had already been looking at the country\u2019s upcoming election with anxiety. Now, with the United States Supreme Court granting an unprecedented expansion of executive power by giving presidents legal immunity, analysts in some of those countries are even more concerned about the reliability of American power. Across Asia and Europe, [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":86776,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","fifu_image_url":"https:\/\/static01.nyt.com\/images\/2024\/07\/03\/multimedia\/03global-immunity-jtcw\/03global-immunity-jtcw-facebookJumbo.jpg","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[7411,12313,212,1872,987,221,75585],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/86775"}],"collection":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/comments?post=86775"}],"version-history":[{"count":1,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/86775\/revisions"}],"predecessor-version":[{"id":86777,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/86775\/revisions\/86777"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media\/86776"}],"wp:attachment":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media?parent=86775"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/categories?post=86775"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/tags?post=86775"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}