Supreme Court to Hear Trump's Claim to 'Absolute Immunity' – The New York Times
Trump’s “Absolute Immunity” Claim
Advertisement
Reporting from Washington
The Supreme Court’s conservative majority appeared ready on Thursday to rule that former presidents have substantial immunity from criminal prosecution, a move that would further delay the criminal case against former President Donald J. Trump on charges that he plotted to subvert the 2020 election.
Such a ruling would most likely send the case back to the trial court to draw distinctions between official and private conduct. Those proceedings could make it hard to conduct the trial before the 2024 election.
D. John Sauer, Mr. Trump’s lawyer, pressed an extreme version of the former president’s argument. In answer to hypothetical questions, he said that presidential orders to murder political rivals or stage a coup could well be subject to immunity.
But several of the conservative justices seemed disinclined to consider those questions or the details of the accusations against Mr. Trump. Instead, they said the court should issue a ruling that applies to presidential power generally.
“We’re writing a rule for the ages,” Justice Neil M. Gorsuch said.
Justice Brett M. Kavanaugh also said the court should think about the larger implications of its decision. “This case has huge implications for the presidency, for the future of the presidency, for the future of the country.”
Justice Samuel A. Alito Jr. said that a ruling for Mr. Trump could enhance democratic values.
“A stable, democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully,” he said, adding that the prospect of criminal prosecution would make that less likely.
We are having trouble retrieving the article content.
Please enable JavaScript in your browser settings.
Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.
Thank you for your patience while we verify access.
Already a subscriber? Log in.
Want all of The Times? Subscribe.
Advertisement