Prosecuting a president for his “official actions” is not compatible with the constitutional structure of the US, was the plea from lawyer D. John Sauer.
Trump’s lawyer strengthened his plea with references to other American (former) presidents. “Can President George W. Bush be sent to prison for lying to Congress to start a war in Iraq?” Sauer asked. “Could President Biden one day be impeached for allowing immigrants to enter the country illegally?” The answer to those questions is ‘no’, it was said.
The lawyer also pointed out that no president in American history has ever been prosecuted for performing “official acts.”
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The fact that the Supreme Court in Washington DC is considering presidential immunity is a result of the complaint filed against Trump for influencing the 2020 elections. The ex-president believes that he cannot be charged because he was at the time of the storming of the Capitol on January 6, 2021, was still in office and therefore enjoyed presidential immunity.
Trump’s lawyer admits: not everything is official
The Supreme Court judges still had many questions for the lawyer after Sauer’s plea. They wondered, among other things, which actions would fall under the definition of “official acts”.
“If the president decides that his rival is a corrupt person and orders the military or someone else to kill him, would that fall within his official duties and therefore exempt him from punishment?” liberal judge Sonia Sotomayor op.
American media report, based on the questions asked, that several judges do not appear to be in favor of full presidential immunity. Judge Amy Coney Barrett, appointed by Trump, also made this clear during her questions.
Ultimately, even Trump’s lawyer Sauer admitted during the hearing that some of the president’s actions were private and would not fall under immunity. This includes, for example, the plans that Trump made with his private lawyers and campaign advisors to spread claims about a rigged election, or Trump’s infamous phone call in which he asked Georgia Secretary of State Brad Raffensperger to “find” him more votes. Previously, Trump and his lawyer had claimed “absolute” immunity.
Storming the Capitol
It may take several weeks before a ruling is made. Experts suspect that the Supreme Court will ultimately not rule on all aspects of the case. The file would be sent back to a lower court, which must determine which acts were private actions and should and should not be prosecuted. In that case, it will be very unlikely that a ruling on the merits will be reached before the presidential elections, which would be a success for Trump.
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Trump himself was not present at the hearing on Thursday. He was in a New York courtroom for the trial over the hush money that the former American president allegedly paid to porn actress Stormy Daniels.
When he came out, he did respond to reporters about the Supreme Court hearing. According to the former president, the “monumental” hearing “made it clear that a president must have immunity.”
Without immunity, a president would at most have a ceremonial function, Trump said. “That’s not what the founders had in mind. We want presidents who can get things done and bring people together.”
“I heard the meeting was pretty great and the judges did their best. So let’s see how it all works out,” Trump said. “But again, I say presidential immunity is very powerful. Presidential immunity is necessary, otherwise you practically have no country left.”
Tags: George Bush prison Donald Trumps lawyer argues presidential immunity Supreme Court
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