Gorsuch steers Supreme Court in Trump immunity case: ‘We’re writing a rule for the ages’
By
Kaelan Deese
April 25, 2024 4:34 pm
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Justice Neil Gorsuch on Thursday took control of the debate at the Supreme Court in a case brought by former President Donald Trump on whether he enjoys immunity from criminal prosecution.
During Thursday’s arguments over Trump’s bid to have total presidential immunity against special counsel Jack Smith‘s four-count election subversion indictment, Gorsuch suggested that former presidents like Trump must have immunity or else future presidents could be targeted for prosecution and could therefore seek to pardon themselves before leaving office.
“We’ve never answered whether a president can do that; happily, it’s never been presented to us,” Gorsuch said of whether a president can pardon himself. Gorsuch indicated that he dreads the idea of having to decide whether presidents can use such authority on themselves.
Gorsuch, Trump’s first of three appointees to the high court, underscored the historical significance of the former president’s case and the Supreme Court’s eventual ruling on the matter of presidential immunity.
“I’m not concerned about this case, but I am concerned about future uses of the criminal law to target political opponents based on accusations about their motives,” Gorsuch said, adding, “We’re writing a rule for the ages.”
“What would happen if presidents were under fear that their successors would criminally prosecute them for their acts in office?” Gorsuch asked, citing hypotheticals other justices used, such as one hypothetical about whether former President Barack Obama could be prosecuted for authorizing a drone strike on civilians.
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https://www.washingtonexaminer.com/news/supreme-court/2979689/gorsuch-supreme-court-trump-immunity-case/
