WASHINGTON (Gray DC) -In a blockbuster case that could impact the 2024 election, Justices appeared skeptical of Former President Donald Trump’s claim that he’s absolutely immune from criminal prosecution.
Trump Attorney John Sauer spelled out the consequences he said would occur without presidential immunity.
“Without presidential immunity from criminal prosecution, there could be no presidency as we know it.”
But after nearly 3 hours of arguments, it seemed clear that a majority of justices are unlikely to overturn a unanimous decision from the DC Circuit Court of Appeals that Donald Trump does not have absolute immunity from criminal prosecution.
Justice Amy Coney Barrett, in a series of questions to Trump Attorney John Sauer, poked holes in his argument regarding presidential immunity.
“You concede that private acts don’t get immunity? Correct?” Sauer simply replied, “We do.”
And Justice Elena Kagan seemed incredulous that under Trump’s legal theory a President could not be charged with a crime for ordering a coup in order to remain in power.
“But that sure sounds bad, doesn’t it?” she wondered aloud.
Michael Dreeban - representing the Special Counsel’s Office - laid out the Government’s argument that Presidents are not above the law.
“Such presidential immunity has no foundation in the constitution. The framers knew too well the dangers of a king who could do no wrong. They therefore designed a system to check the abuses of official power for private gain.”
Associate Justice Neil Gorsuch was among those who suggested sending the case back to lower courts to determine which actions by Trump were private and which were official.
“You would agree further proceedings would be required?” Attorney Sauer confirmed, “That is correct.”
If the Supreme Court decides to send this case back down to the lower courts, that could further delay the government’s election interference case against Trump. And that would likely mean that case would not get underway before the election. A decision by the Supreme Court is expected by the end of June.
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