Takeaways from Supreme Court Arguments on Trump’s Immunity Claim
The Supreme Court heard arguments on Thursday about Donald J. Trump’s claim that the federal charges accusing him of plotting to overturn the 2020 election must be thrown out because he is immune from being prosecuted for any official act he took as president.
Here are some takeaways.
Several justices seemed to want to define some level of official act as immune.
Although Mr. Trump’s claim of near-absolute immunity was seen as a long shot intended primarily to slow the proceedings, several members of the Republican-appointed majority seemed to indicate that some immunity was needed. Some of them expressed worry about the long-term consequences of leaving future former presidents open to prosecution for their official actions.
Among others, Justice Brett Kavanaugh compared the threat of prosecution for official acts to how a series of presidents were “hampered” by independent counsel investigations, criticizing a 1984 ruling that upheld a now-defunct law creating such prosecutors as one of the Supreme Court’s biggest mistakes. Chief Justice John G. Roberts Jr. criticized an appeals court ruling rejecting immunity for Mr. Trump, saying he was concerned that it “did not get into a focused consideration of what acts we are talking about or what documents are talking about.”
The Democrat-appointed justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — asked questions indicating greater concern about opening the door for presidents to commit official crimes with impunity.