Former President Donald Trump and his legal team believe he has immunity from criminal prosecution in the 2020 election interference case. Justices heard arguments from both sides on the case.

Washington

The U.S. Supreme Court recently conducted hearings on whether former President Donald Trump possesses immunity from criminal prosecution in connection with the 2020 election interference case. The arguments revolved around the principle that affording presidential immunity is essential for the functioning of the presidency. According to Trump and his legal team, led by John Sayer, this type of immunity is crucial, with Trump stating outside a New York courthouse, where he is involved in a separate trial, that a lack of immunity would reduce the presidency to a merely ceremonial role.

During the hearing, justices engaged with the concept of absolute criminal immunity, exploring its boundaries through various hypothetical scenarios, including crimes as serious as selling nuclear secrets to a foreign power. They interrogated the lawyers on both sides about past instances where presidents may have overstepped their bounds, such as Franklin D. Roosevelt's internment of Japanese-Americans during World War II. The questions aimed to discern the limits of presidential immunity, especially in actions considered part of official duties.

Conservative justices, including Neil Gorsuch and Brett Kavanaugh—who were appointed by Trump—raised points suggesting that while the former president might be entitled to some immunity, determining the extent of this protection might require further interpretation by lower courts. Justice Samuel Alito additionally broached the controversial possibility of a president pardoning themselves, highlighting the unresolved legal issues surrounding executive powers.

With the 2024 presidential election approaching, the timing of the Supreme Court's decision becomes crucial. Although the Court traditionally releases its opinions in late June, there is speculation that a ruling could be expedited to address the legal uncertainties ahead of the election. The outcome of this case could significantly impact not only Trump's political future but also set precedents for presidential immunity.



U.S. Supreme Court hears Trump presidential immunity case

The 2024 presidential election is seven months away, but a decision by the U.S. Supreme Court before that could be a game changer. Former President Donald Trump believes he has immunity from criminal prosecution in the 2020 election interference case. Thursday, justices heard arguments from the government and John Sayer, Trump's lawyer. Without presidential immunity from criminal prosecution, there can be no presidency as we know it. This court has never recognized absolute criminal immunity for any public official. The former president is in New York at a different trial, the hush money case. He spoke to reporters there about the Supreme Court hearing. A president has to have immunity. If you don't have immunity, you just have a ceremonial president. During oral arguments, multiple justices were skeptical of the total immunity claim, asking hypothetical scenarios and presenting past actions by presidents. Someone sells nuclear secrets to a foreign adversary. Is that immune? That sounds like, similar to the bribery example, likely not immune. Now, if it's structured as an official act, you'd have to be impeached and convicted first before. What about President Franklin D. Roosevelt's decision to intern Japanese-Americans during World War II? Couldn't that have been charged under 18 U.S.C. 241, conspiracy against civil rights? Today? Yes. While the election is looming, there's a notion justices could come back with a quick ruling. But that's uncertain. Conservative Justices Neil Gorsuch and Brett Kavanaugh, two Trump appointees, suggested the former president might have some immunity, and lower courts would need to sort that out. Justice Samuel Alito also posed the question of presidents pardoning themselves, suggesting the action lacks clarification. Don't you think we need to know the answer, at least to the Justice Department's position, on that issue in order to decide this case? I think the political consequences of a president who asserted a right of self-pardon that has never been recognized, that seems to contradict a bedrock principle of our law that no person shall be the judge in their own case. Now, typically, the Supreme Court issues their opinions late June. Again, there's speculation that they could do something quicker since the former president is on the November ballot.

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