The Supreme Court heard arguments today about whether a president enjoys broad immunity from criminal prosecution after leaving office.A majority of the Supreme Court appeared skeptical of granting a president. But it was unclear whether the court would act swiftly to resolve the case against former President Donald Trump, the presumptive Republican nominee for president.
But when pressed by Justice Amy Coney Barrett, a Trump appointee, Sauer acknowledged that many of the actions Trump is charged with were private in nature – not official. Trump is making a far broader argument for immunity. He contends that he cannot be prosecuted — ever — for his"official acts" as president unless he is first impeached, convicted by the Senate and removed from office. He was impeached twice, but the Senate failed to muster the two-thirds vote needed to convict.
The high court case is more than a test for presidential immunity. It is also something of a test for the Supreme Court itself, on both substance and timing. After all, even if the court were to rule against Trump, if the justices drag their feet or send the case back to the trial court for significant further findings a Trump trial would be almost certainly impossible before the November election.
NYU law professor Trevor Morrison also pushes back at Trump's claim that his actions surrounding the 2020 election were part of a president's official duties."The Constitution gives the president no role whatsoever in the administration of federal elections," says Morrison, adding that the states, Congress, even the vice president plays a role. But there is no mention in the Constitution of the president playing a role.
Trump rests much of his argument on a 1982 Supreme Court decision holding that presidents have absolute immunity fromlawsuits for their official acts. But the court majority in that case emphasized that it was notThe Trump briefs don't include any significant discussion of the Nixon tapes case
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