The judiciary is potentially making a constitutional mistake in rejecting all presidential immunity, but the Supreme Court could weigh in to protect that tenet of our democracy, according to law expert Alan Dershowitz on Newsmax.

"The court is dead wrong when it says that, essentially, nobody is above a criminal prosecution: Senators are; our senators and congressmen can't be prosecuted for things they said and did on the Senate or House floor," Dershowitz told Tuesday's "National Report" after a three-judge D.C. Circuit panel ruled former President Donald Trump's immunity ended when he left office.

"Even judges have some degree of immunity, so it shouldn't be surprising that presidents have some immunity. The question, as it is with senators and judges, is how much immunity — so it's a matter of degree."