Former US President Donald Trump's claim of absolute immunity from prosecution for "official acts" while he was in the White House is breathtaking in scope, as it could include ordering assassinations and coups. While the Supreme Court may not uphold Trump's expansive claim, its ruling will almost certainly give Trump what he wants.
NEW YORK – The fate of American democracy was on the US Supreme Court’s docket last week as lawyers argued over the nature and limits of presidential immunity. The case before the Court concerns federal criminal charges arising from former President Donald Trump’s alleged attempt to thwart the peaceful transition of power following the 2020 election. The acts charged include fraudulently asking state officials to “find” non-existent pro-Trump votes and coercing Vice President Mike Pence to certify fake electors, whose votes, if accepted, would unlawfully keep Trump in office.
Trump’s lawyers contend that only impeachment by Congress can pierce a president’s absolute immunity. The sweep of this claim is breathtaking. Could a president order the military to assassinate a political rival, asked Justice Sonia Sotomayor. Could he sell nuclear secrets to a foreign adversary or attempt to carry out a coup against the government, asked Justice Elena Kagan.
Yes, Trump’s attorney, D. John Sauer, replied, so long as they were “official acts.” But wouldn’t this embolden future presidents “to commit crimes,” Justice Ketanji Brown Jackson queried. What, she wondered, would prevent a president “from turning the Oval Office into… the seat of criminal activity in this country?”
NEW YORK – The fate of American democracy was on the US Supreme Court’s docket last week as lawyers argued over the nature and limits of presidential immunity. The case before the Court concerns federal criminal charges arising from former President Donald Trump’s alleged attempt to thwart the peaceful transition of power following the 2020 election. The acts charged include fraudulently asking state officials to “find” non-existent pro-Trump votes and coercing Vice President Mike Pence to certify fake electors, whose votes, if accepted, would unlawfully keep Trump in office.
Trump’s lawyers contend that only impeachment by Congress can pierce a president’s absolute immunity. The sweep of this claim is breathtaking. Could a president order the military to assassinate a political rival, asked Justice Sonia Sotomayor. Could he sell nuclear secrets to a foreign adversary or attempt to carry out a coup against the government, asked Justice Elena Kagan.
Yes, Trump’s attorney, D. John Sauer, replied, so long as they were “official acts.” But wouldn’t this embolden future presidents “to commit crimes,” Justice Ketanji Brown Jackson queried. What, she wondered, would prevent a president “from turning the Oval Office into… the seat of criminal activity in this country?”