Update: Supreme Court justices expressed skepticism of Donald Trump’s argument that presidents enjoy broad immunity, but they wrestled with which certain official acts could be shielded from prosecution and which would not.
There were some suggestions of sending the case base to lower courts to decide, on an individual basis, which of the charges against Trump could be deemed as private acts and subject to criminal liability. That is a prospect that could lead to further delay in Trump’s election conspiracy case, perhaps until after the 2024 election.
A number of the justices expressed concerns that their decision in the case would impact future presidents after they leave office and the extent to which they could be subject to criminal prosecution. Justice Samuel Alito hypothesized about political rivals being prosecuted and “a cycle that destabilizes the functioning of our country.”
Justice John Roberts in particular seemed to find troubles...
There were some suggestions of sending the case base to lower courts to decide, on an individual basis, which of the charges against Trump could be deemed as private acts and subject to criminal liability. That is a prospect that could lead to further delay in Trump’s election conspiracy case, perhaps until after the 2024 election.
A number of the justices expressed concerns that their decision in the case would impact future presidents after they leave office and the extent to which they could be subject to criminal prosecution. Justice Samuel Alito hypothesized about political rivals being prosecuted and “a cycle that destabilizes the functioning of our country.”
Justice John Roberts in particular seemed to find troubles...
- 4/25/2024
- by Ted Johnson
- Deadline Film + TV
Donald Trump’s inner circle doesn’t expect the Supreme Court to go along with his extreme arguments about executive power in the immunity case before the justices. But what the high court does now is almost beside the point: Trump already won.
Three people with direct knowledge of the matter tell Rolling Stone that many of the former president’s lawyers and political advisers have already accepted that the justices will likely rule against him, and reject his claims to expansive presidential immunity in perpetuity. Bringing the case before...
Three people with direct knowledge of the matter tell Rolling Stone that many of the former president’s lawyers and political advisers have already accepted that the justices will likely rule against him, and reject his claims to expansive presidential immunity in perpetuity. Bringing the case before...
- 4/24/2024
- by Adam Rawnsley and Asawin Suebsaeng
- Rollingstone.com
John Sauer, a lawyer arguing Donald Trump’s presidential immunity case, generated significant controversy when he asserted, in response to a judge’s hypothetical, that a president could not be prosecuted if he were to order the assassination of a political rival — unless he were first impeached and convicted.
With that case now before the Supreme Court, Sauer is arguing that justices should not be concerned with “lurid hypotheticals” that “almost certainly never will occur, and would virtually certainly result in impeachment and Senate conviction … if they did occur.”
The former solicitor general of Missouri,...
With that case now before the Supreme Court, Sauer is arguing that justices should not be concerned with “lurid hypotheticals” that “almost certainly never will occur, and would virtually certainly result in impeachment and Senate conviction … if they did occur.”
The former solicitor general of Missouri,...
- 4/22/2024
- by Andrew Perez
- Rollingstone.com
Donald Trump’s bid for presidential immunity in his federal election interference case has been summarily rejected by D.C.’s Federal Court of Appeals — and the issue could be headed to the Supreme Court.
In a ruling issued Tuesday, the three-judge panel, which heard oral arguments in the case last month, unanimously determined that Trump is not shielded from prosecution for potential crimes committed in office related to the subversion of the 2020 election.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of...
In a ruling issued Tuesday, the three-judge panel, which heard oral arguments in the case last month, unanimously determined that Trump is not shielded from prosecution for potential crimes committed in office related to the subversion of the 2020 election.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of...
- 2/6/2024
- by Nikki McCann Ramirez
- Rollingstone.com
John Sauer, Donald Trump‘s lead lawyer in his federal election fraud case, declared that presidential immunity would allow a U.S. president to order Seal Team Six to assassinate a political rival without having to face criminal prosecution.
Sauer made the wild claim for executive immunity at a hearing at a federal appeals court on January 9.
When delivering his statement, he said that only if a president has been impeached and Congress has removed him from office, only then could they be criminally prosecuted.
According to Sauer, this means that Trump is immune from criminal prosecution.
“Could a president who ordered Seal Team 6 to assassinate a political rival, and is not impeached, would he be subject to criminal prosecution?” one judge asked Sauer.
“If he were impeached and convicted first… there is a political process that would have to occur,” Sauer replied.
Assistant Special Counsel James Pearce told the...
Sauer made the wild claim for executive immunity at a hearing at a federal appeals court on January 9.
When delivering his statement, he said that only if a president has been impeached and Congress has removed him from office, only then could they be criminally prosecuted.
According to Sauer, this means that Trump is immune from criminal prosecution.
“Could a president who ordered Seal Team 6 to assassinate a political rival, and is not impeached, would he be subject to criminal prosecution?” one judge asked Sauer.
“If he were impeached and convicted first… there is a political process that would have to occur,” Sauer replied.
Assistant Special Counsel James Pearce told the...
- 1/10/2024
- by Alessio Atria
- Uinterview
Former President Donald Trump is in D.C. on Tuesday sitting in on an appeals court hearing regarding his claim of “absolute immunity” from criminal prosecution for acts he may or may not have committed as president. The arguments are already getting absurd.
Judge Florence Y. Pan, a member of the three-appellate judge panel that will rule on the question, asked Trump’s attorney, John Sauer, if — hypothetically — a president could order S.E.A.L. Team Six to assassinate their political rival and be immune from criminal prosecution.
Sauer...
Judge Florence Y. Pan, a member of the three-appellate judge panel that will rule on the question, asked Trump’s attorney, John Sauer, if — hypothetically — a president could order S.E.A.L. Team Six to assassinate their political rival and be immune from criminal prosecution.
Sauer...
- 1/9/2024
- by Nikki McCann Ramirez
- Rollingstone.com
Update: Former President Trump made remarks after Tuesday morning’s D.C. Circuit hearing on presidential immunity.
But with less than a week before the Iowa caucuses, he seized on the attention of the moment to get in digs at President Joe Biden who, if polls are correct, he likely will face in the November election.
“They’re losing in almost every demographic,” Trump said. “Numbers came out today that are mind boggling if you happen to be Joe Biden.” He countered by claiming that Joe Biden was a “threat to democracy” by claiming his prosecution was politically motivated, even though there is not evidence that the president ordered Trump’s indictment.
Fox News carried Trump’s remarks, even though it did not carry on air the live audio of the hearing itself. CNN carried a portion of Trump’s remarks before going to a fact check and commentary. MSNBC...
But with less than a week before the Iowa caucuses, he seized on the attention of the moment to get in digs at President Joe Biden who, if polls are correct, he likely will face in the November election.
“They’re losing in almost every demographic,” Trump said. “Numbers came out today that are mind boggling if you happen to be Joe Biden.” He countered by claiming that Joe Biden was a “threat to democracy” by claiming his prosecution was politically motivated, even though there is not evidence that the president ordered Trump’s indictment.
Fox News carried Trump’s remarks, even though it did not carry on air the live audio of the hearing itself. CNN carried a portion of Trump’s remarks before going to a fact check and commentary. MSNBC...
- 1/9/2024
- by Ted Johnson
- Deadline Film + TV
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