In historic Trump hearing, Supreme Court majority suggests presidents may have some criminal immunity
Not all of the justices agreed, however -- and a decision is expected by June.
The U.S. Supreme Court heard arguments Thursday on whether former President Donald Trump can be criminally prosecuted over his efforts to overturn his 2020 election loss.
The justices grappled with the monumental question of if -- and if so, to what extent -- former presidents enjoy immunity for conduct alleged to involve official acts during their time in office.
Trump claims "absolute" protection for what he calls official acts, though he denies all wrongdoing. The high court divided over this, but most of the conservative-leaning justices in the majority seemed open to some version of it while still excluding a president's "private" conduct.
The high court's ruling will determine if Trump stands trial before the November election on four charges brought by special counsel Jack Smith, including conspiracy to defraud the United States. A decision is expected by June.
Latest headlines:
Justice Brown Jackson: Every president 'has understood that there was a threat of prosecution'
Justice Ketanji Brown Jackson pressed Trump attorney John Sauer on his contention that without immunity all future presidents would feel paralyzed to take official acts while in office that could put them in criminal jeopardy.
"I mean, I understood that every president from the beginning of time essentially has understood that there was a threat of prosecution [upon leaving office]," Jackson said.
Sauer responded by quoting Benjamin Franklin from the constitutional convention, to which Jackson seemed skeptical.
"But since Benjamin Franklin everybody has presidents who have held the office [who knew] that they were taking this office subject to potential criminal prosecution, no?" she said.
1st questions from Thomas: Where does immunity come from?
Justice Clarence Thomas opened questioning by getting to the heart of the case: where is the "source" of presidential immunity and how would the court come to decide what acts fall under that scope.
First, he asked Trump's attorney to be "more precise as to the source" of supposed presidential immunity.
John Sauer responded that it comes from the executive vesting clause of the Constitution.
Thomas then pressed how exactly the court would "determine what an official act is," to which Sauer said acts fall within the “outer perimeter” of a president's official duties.
Trump's attorney: 'Every current president will face de facto blackmail'
Trump's attorney, John Sauer, addressed the justices first, saying in his opening statement that unless presidents are granted the absolute immunity that Trump seeks, "Every current president will face de facto blackmail and extortion by his political rivals while he is still in office."
Sauer also called out controversial policies of other commanders in chief, such as George W. Bush's regarding the Iraq War and a Barack Obama-approved drone strike against a U.S. citizen as part of anti-terrorism operations overseas, while saying the implications of the court's decision here "extend far beyond the facts of this case."
Arguments are underway
Oral arguments have begun in Donald J. Trump v. United States.
Arguing for Trump is attorney D. John Sauer. Presenting for Smith is Michael R. Dreeben, who has argued more than 100 cases before the nation's high court.
How we got here
Trump, seeking to quash the federal election subversion case brought against him by Smith last year, is claiming he has “absolute” immunity from the criminal prosecution for anything related to his presidency.
Two lower courts have rejected that argument.
First, District Judge Tanya Chutkan (who is overseeing the trial) determined that someone once serving as president “does not confer a lifelong 'get-out-of-jail-free' pass.”
Then, a three-judge panel on the U.S. Court of Appeals for the District Court of Columbia unanimously struck down Trump's claims. They warned his view, if accepted, would “collapse” the country's political system.
Trump then appealed to the U.S. Supreme Court. His trial is on hold while this matter plays out in the courts.