The Supreme Court is set to hear arguments on Thursday regarding whether former President Donald Trump is immune from prosecution in a case alleging his involvement in efforts to overturn the results of the 2020 presidential election. This case presents a historic opportunity for the court to determine if former presidents can be prosecuted for official acts conducted while in office.
Key Details to Follow:
Session Start: The court session will commence at 10 a.m. EDT, with Chief Justice John Roberts announcing the start of arguments in the case of Donald J. Trump vs. United States of America. The session is expected to last at least two hours.
Livestream: While cameras are not allowed in the courtroom, the court has been livestreaming argument sessions since the pandemic. The livestream can be accessed on apnews.com/live/trump-supreme-court-arguments-updates or the court's website at www.supremecourt.gov. C-SPAN will also broadcast the arguments.
Impeachment Clause:
The discussion is likely to involve the impeachment process and its connection, if any, to criminal prosecution. Trump's defense argues that only a former president convicted by the Senate through impeachment can face criminal prosecution. However, prosecutors contest this interpretation, stating that Senate conviction is not a prerequisite for courtroom prosecution.
Reference to Nixon:
Trump's legal team has referenced the 1982 case of Nixon v. Fitzgerald, where the Supreme Court ruled that a former president cannot be sued in civil cases for actions taken while in office. This decision did not grant immunity from criminal liability, a point emphasized by prosecutors. They also highlight a 1974 Supreme Court opinion involving Nixon that compelled the release of incriminating White House tapes.
Hypothetical Scenarios:
The court is expected to explore hypothetical scenarios to test the boundaries of arguments regarding presidential immunity. Trump's lawyers have warned of potential consequences if the prosecution proceeds, such as opening the door to charges against other presidents for actions like authorizing drone strikes or providing false information to Congress.
Prosecutors aim to differentiate between acts considered presidential powers, such as ordering a drone strike during war, and personal acts like those Trump is accused of in this case.
As the Supreme Court delves into this pivotal case, the outcome could have far-reaching implications for the accountability of former presidents for their actions while in office.
