Judge presses Trump lawyer on presidential prosecution argument
Judge Florence Pan pressed Trump attorney D. John Sauer over his argument that a president could only be criminally prosecuted if they were to be impeached and convicted first.
"But you're conceding that presidents can be criminally prosecuted under certain circumstances. Specifically, if they're impeached and convicted?" Pan pushed Sauer, saying that his arguments "fall away if you concede that a president can be criminally prosecuted under some circumstances."
Suaer said he disagreed, arguing that the "Constitution makes a carefully balanced, explicit exception to that principle in the impeachment judgment clause."
In another exchange with Judge J. Michelle Childs, Sauer grew animated as he declared "the current incumbent of presidency is prosecuting his No. 1 political opponent and his greatest electoral threat," repeating the baseless claim that President Joe Biden has personally directed special counsel Jack Smith's prosecutions.
Judge Pan then pressed Sauer over a position Trump's legal team had taken during his impeachment proceedings, while still in office, that there would be the opportunity for criminal prosecution of his actions after the fact -- regardless of conviction.
Sauer said that statements made during those proceedings should be considered unrelated and not relevant to the current issue of criminal immunity for actions taken by a sitting president.
