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David Brooks commented on the conservative justices in the Donald Trump case who focused more on precedent than on Trump himself. He discussed how in a democracy in decline, those in power may use their influence to criminalize previous officeholders of the opposition party. Brooks raised the question of where to draw the line between presidential actions immune to prosecution and those that are not. He emphasized the need for guardrails in the system to prevent the criminalization of political disagreements. The concern is that without safeguards, the cycle of indictments and convictions could threaten democracy.
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