Friday, June 28, 2024

Absolute Immunity

The Supreme Court's final rulings for this session, including that on Donald Trump's claim to absolute immunity, will be released on Monday, July 1.

Trump’s appeal for immunity from special counsel Jack Smith’s election subversion charges is based on 45's claim that without immunity, presidents would be hamstrung in office, always fearful of being second guessed by a zealous prosecutor after leaving the White House. When oral arguments on the question were first heard this past April, it appeared that the conservative Justices gave it some credence, but didn’t feel themselves able to get Smith’s case tossed entirely.

The fate of the immunity case rests upon whether Trump’s post-election actions were “official” – that is, steps he was taking as president – or whether they were “private,” which would not likely receive immunity.

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