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Supreme Court's conservatives lean in favor of limited immunity for Trump as an ex-president

David G. Savage, Los Angeles Times on

Published in News & Features

During Thursday’s argument, the justices said they were more interested in that historic and far-reaching issue, and less interested in the specifics of Trump’s pending indictment.

But if the conservative majority hands down a ruling in June that puts off Trump’s trial indefinitely, the justices, all of them Republican appointees, are likely to face sharp criticism from Trump opponents.

In a separate case in March, the justices ruled 9-0 that states and their judges may not use a provision of the 14th Amendment to keep Trump off the presidential ballot for having allegedly “engaged in insurrection” after the 2020 election.

Trump’s claim of absolute immunity has been derided by legal experts and rejected by a federal trial judge and the U.S. appeals court in Washington.

Lower courts have had little to say about a president’s immunity for official acts, and the Supreme Court surprised many by agreeing to rule on Trump’s appeal.

It was clear Thursday that most of the justices believe a president cannot be prosecuted after leaving office for his official decisions and actions in the White House.

 

Roberts and Justice Brett M. Kavanaugh served as White House lawyers, and they indicated they are wary of opening the door to former presidents being prosecuted after leaving office by the next administration. Both said they were concerned about politically driven prosecutions.

Veteran Justice Department attorney Michael Dreeben, who argued on behalf of special counsel Jack Smith, said the legal system has its own checks that would protect against partisan prosecutions, including grand juries that must approve indictments.

Roberts and Justice Samuel A. Alito Jr. scoffed at that.

“You know how easy it is to get an indictment,” Roberts said.

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