ECONOMY

Is Donald Trump immune from criminal prosecution? This is what Supreme Court judges have said


Are former US presidents immune from prosecution for their actions while in office unless Congress has first impeached and convicted them? Donald Trump has sought to drop the criminal charges after his alleged involvement in trying to overturn the 2020 election results. The US constitutional experts are grappling with this question and it may have its impact on the 2024 Presidential Elections.

Supreme Court grapples with immunity

This question was raised Thursday during the US Supreme Court hearing of the case. The apex court discussed how to define the scope of presidential immunity. Seeking to draw a line between the president’s personal and official acts, it suggested sending the matter back to lower courts to evaluate the nature of Trump’s actions.
It may further delay the case. The Supreme Court, which has a 6-3 conservative majority, has already delayed the start of Trump’s trial.

What did justices say?

Significantly, a majority of the justices on the Supreme Court did not appear inclined to accept the claim that as a former president, Trump enjoys blanket immunity from criminal prosecution. However, some of them appeared to favor some form of presidential immunity for what may be considered “official acts.”

Chief Justice John Roberts

Chief Justice John Roberts, a conservative, expressed “concerns” with a lower court ruling on the immunity question that paved the way for Trump’s prosecution.

Justice Samuel Alito

Justice Samuel Alito, an archconservative, asked why without immunity, presidents won’t pardon themselves before leaving office “from anything that they might have been conceivably charged with committing?”

Justice Clarence Thomas

Justice Clarence Thomas, another staunch conservative, asked Special Counsel Michael Dreeben why there had not been any previous prosecutions of a former president.

Liberal justices against immunity

On the other hand, the three liberals on the court, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, pushed back hard against the notion of blanket presidential immunity.

Kagan asked whether a president who “sells nuclear secrets to a foreign adversary” should be immune from prosecution.

FAQs

In which case has Donald Trump sought immunity?
Donald Trump has sought to drop the criminal charges after his alleged involvement in trying to overturn the 2020 election results.

What happened at the Supreme Court?
The apex court discussed how to define the scope of presidential immunity. Seeking to draw a line between the president’s personal and official acts, it suggested sending the matter back to lower courts to evaluate the nature of Trump’s actions.

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