The Supreme Court heard arguments on Thursday in the case of Trump v. United States regarding the immunity of former presidents from criminal prosecution for official acts while in office.
The justices seemed unsure about the arguments presented by both parties, as this area of law is complex and not clearly defined by statutes or prior Supreme Court rulings. In the 1982 case of Nixon v. Fitzgerald, the Supreme Court ruled that presidents have immunity from civil litigation based on official acts, citing the separation of powers. However, this case did not directly address criminal prosecution of former presidents.
Both parties agreed that private conduct by the president could be prosecuted, while acts related to presidential powers, like granting pardons, cannot be criminalized. The main point of contention was the extent of immunity former presidents should have from criminal prosecution.
Trump’s lawyer argued for broad immunity similar to the Fitzgerald case, while the Special Counsel’s lawyer argued against any criminal immunity for former presidents. The justices raised concerns about the implications of each position, with the liberal justices worried about a president being above the law and the conservative justices concerned about political prosecutions.
The justices delved into technical issues and procedural mechanisms related to the immunity question, seeking clarity on how each proposal would work in practice. It is expected that the court will rule in favor of some form of immunity for former presidents, but the scope and application of this immunity remain uncertain.
The decision is anticipated to be complex, with multiple opinions and possible dissents. The timing of the ruling is unclear, but it is expected before the end of the current term on June 30.
Leslie McAdoo Gordon, a criminal defense attorney, provides legal representation for individuals facing criminal charges in state and federal courts. She graduated from Georgetown University Law Center and is licensed to practice law in multiple jurisdictions, including the U.S. Supreme Court.
