Jeannie Suk Gersen on the Supreme Court’s consideration of Trump v. U.S., which takes on the question of Presidential immunity from criminal liability.
It was the third argument before the Court in three months related to Donald Trump ’s attempt to overturn his loss of the 2020 Presidential election. This one was about his claim that Smith’s prosecution of him for election interference must be dismissed because a former President is immune from criminal liability for any official acts he undertook in office. When the Justices took the bench at 10 A.M.
Trump even admits that some of the conduct that Smith alleged in the indictment, such as conspiring with private attorneys to create fraudulent slates of electors, are unofficial acts—meaning that if Smith decided to pursue only those allegations, Trump would claim no immunity.
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