Frost: So, what in a sense you’re saying is that there are certain situations and the Huston plan or that part of it was one of them where the president can decide that it’s in the best interest of the nation or something and do something illegal.
Nixon: Well, when the president does it … that means that it is not illegal.
Frost: By definition
Nixon: Exactly … exactly… if the president … if, for example, the president approves something … approves an action, ah … because of the national security or in this case because of a threat to internal peace and order of, ah … ah … significant magnitude … then … the president’s decision in that instance is one, ah … that enables those who carry it out to carry it out without violating a law. Otherwise they’re in an impossible position.
I was in my late teens when the above interview took place (I did not pay much attention because High School, the Senior Prom and Graduation was a lot more important the politics). It's worth noting that in a series of four 90 minute interviews the above quote is most remembered.
The interviews did not rehabilitate Nixon's reputation.
A Gallup poll conducted after the interviews aired showed that 69 percent of the public thought that Nixon was still trying to cover up, 72 percent still thought he was guilty of obstruction of justice, and 75 percent thought he deserved no further role in public life.
Flash forward 45 years latter and the Justices Political Operatives of SCOTUS have decided that the Nixon theory of Presidential Immunity is a really great way to interpret the law:
Trump raised the immunity question to void Special Counsel Jack Smith’s prosecution...arguing that he is entirely protected from criminal prosecution for acts he carried out as president.
Both federal district and appellate courts soundly rejected that argument...But the conservatives, and Chief Justice John Roberts... were specifically unhappy that the court found that...official acts do not get absolute immunity...despite Justice Ketanji Brown Jackson’s repeated protestations that such an activity is only necessary if you assume Trump’s argument — that absolute immunity does attach to official acts — is correct.
If the Highest Court in the United States has gone rogue and become an arm of the GOP then we must accept it. Josh Marshall at TPM has stated if we believe in Democracy and the rule of law then we treat a corrupt Supreme Court as just another political adversary to overcome. It won't be easy, but as DA Fani Willis has said: Deal with reality or reality will deal with you.
Fortunately we have a powerfull weapon that can defeat the forces of Authoriterianism: The vote.
But only if we can persuade team Blue to use it.