May 23, 2024
Absolute Immunity Is Nothing New
By Twilight Patriot
Even as Donald Trump’s ongoing hush money trial eats up most of the former president’s media attention, America’s nine Supreme Court justices are quietly making up their minds about how to rule in what’s probably a much more important case. In Trump v. United States, the Court will decide whether presidents have absolute immunity from prosecution for acts committed in office.
Back in January, when the case was still in circuit court, a lot of news stories quoted the following exchange between Trump attorney John Sauer and D.C. circuit judge Florence Pan.
Judge Pan: “Could a president order SEAL Team 6 to assassinate a political rival? That’s an official act. An order to SEAL Team 6.”
Sauer: “He would have to be and would speedily be impeached and convicted before the criminal prosecution.”
Judge Pan: “But if he weren’t, there would be no criminal prosecution or criminal liability for that?”
Then Sauer hemmed and hawed about the chief justice, the Constitution, and the impeachment clause, but Pan cut to the chase and said, “I asked you a yes-or-no question. Could a president who ordered SEAL Team 6 to assassinate a political rival, who was not impeached — could he be subject to criminal prosecution?”
Sauer: “If he were impeached and convicted first.”
Judge Pan: “So your answer is a no?”
Sauer: “My answer is a qualified yes.”
more
https://www.americanthinker.com/articles/2024/05/absolute_immunity_is_nothing_new.html
