top line
The Supreme Court will hear oral arguments Thursday over whether former President Donald Trump has immunity from criminal prosecution for trying to overturn the 2020 election, with the former president’s lawyer D. doubled down on its claim that there is total immunity from criminal prosecution for public officials. Acting in a public office, even if it involves assassinating a political opponent.
Anti-Trump demonstrators in front of the Supreme Court in Washington, DC, on April 25th.
important facts
Sauer argued Thursday before the Supreme Court that “there would be no presidency as we know it” without broad immunity from criminal prosecution for acts committed by former presidents while in office.
Justice Sonia Sotomayor asked Sauer whether this included granting immunity to former presidents who ordered the military to assassinate political opponents. ), but Sauer doubled down on his earlier claim. He suggested he could be eligible for immunity “depending on the circumstances.”
The lawyer also said that if presented with the hypothetical possibility that the president would order a coup, it would depend on the circumstances, and that it was “very likely” that it would be an official act subject to immunity. Stated.
The justices expressed skepticism about Sauer’s comments, with even right-wing Justice Samuel Alito questioning whether Trump’s “very strong” definition of immunity was “necessary.” Justice Elena Kagan said his argument about a hypothetical coup sounded like Sauer saying: In my tests it’s an official act, but it sure sounds bad, doesn’t it? ”
chief critic
Kagan on Thursday disputed Sauer’s claim that the president has broad immunity, saying the Constitution’s framers were “reacting to a monarch who claims to be above the law.” It pointed out. “Isn’t the point that the president should not be above the law?”
What to watch out for
It is unclear when the justices will rule on President Trump’s immunity claim. When President Trump’s federal election lawsuits go to trial will determine when they go to trial, as the litigation remains suspended while the immunity appeals take place. If the court rules quickly, the case could be heard before the November election (some Trump critics have set May 20 as the last day the court can rule). On the other hand, if a ruling is issued near the end of the court’s term in late June, there is a possibility. That means the trial won’t start until the fall.
Main background
Federal prosecutors have charged Trump with conspiracy to defraud the United States, obstruction of an official proceeding and conspiracy against rights, and Trump faces four felonies in the federal election case. The former president has pleaded not guilty to his charges, claiming the criminal case against him is a “witch hunt” aimed at damaging his presidential campaign. President Trump has frequently claimed immunity from both civil and criminal lawsuits against him, including all four criminal lawsuits and all civil lawsuits seeking responsibility for the January 6 riot. making that claim. All of his arguments in court so far have failed, and Trump asked the Supreme Court to hear the immunity argument after district court and appeals court judges refused to side with him. .
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