Former President Trump Warns Supreme Court of Consequences for Future Presidents if Immunity Not Recognized
On Tuesday, March 28, 2023, former President Donald Trump urged the Supreme Court to acknowledge his extensive immunity against special counsel Jack Smith’s investigation into election subversion charges. In a new brief filed with the court, Trump’s legal team argued that failing to recognize such immunity would leave future presidents vulnerable to “de facto blackmail and extortion while in office.”
Presidential Immunity: A Matter Beyond Trump’s Personal Fate
The brief stated that the implications of this court’s ruling on presidential immunity transcended Trump’s case. “The consequences of this court’s holding on presidential immunity are not confined to President Trump,” the attorneys wrote. “If immunity is not recognized, every future President will be forced to grapple with the prospect of possibly being criminally prosecuted after leaving office every time he or she makes a politically controversial decision.”
The Consequences of Ignoring Presidential Immunity
Trump’s attorneys further emphasized that the repercussions of not acknowledging presidential immunity would be catastrophic for the presidency and the Republic as a whole. “That would be the end of the Presidency as we know it and would irreparably damage our Republic,” they stated.
Supreme Court Enters the Fray: The Trump Legal Saga Continues
The Supreme Court’s involvement in Trump’s legal troubles intensified when it agreed to hear arguments regarding his potential immunity from criminal prosecution for his actions surrounding the 2020 election. The court has scheduled oral arguments for April 25, 2023.
Tripling Down on Presidential Immunity
In his brief to the Supreme Court, Trump reiterated his far-reaching claims of presidential immunity, which lower courts have dismissed. The former president insisted that he could only face criminal prosecution if he was first impeached and convicted by Congress for the same conduct.
Arguments Echoed Despite Previous Signals
Trump’s plea to the Supreme Court included pressing forward with arguments that the court had previously indicated were not at the core of this case. The former president has consistently argued that he could only be subjected to criminal prosecution if impeached and convicted first.