According to legal professor Jonathan Turley, who leans conservative, the prosecution’s case against former President Donald Trump is not winning at the Supreme Court.
The nine justices heard arguments on Thursday for and against broadening presidential immunity. Trump contended that this immunity extended to activities made both formally and informally while he was president and after he departed in early 2021. Many of Trump’s behaviors, according to his opponents, are outside the bounds of protected conduct, and the court need to declare that Trump is liable to punishment just like any other citizen of the United States.
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Nevertheless, Turley notes that because federal prosecutors had effectively told the court, “Trust us, we’re the government,” they were in a worse position following the hearings.
From Turley:
Ambiguity undermines the intent of this protection. A test that determines the purpose of an official act also does this.
For instance, the special counsel maintains that since Trump was the other contender, he was acting in his own self-interest when he contested certification and brought up electoral fraud.
But would it have been official to voice such worries for other candidates if he hadn’t been on the ballot?
When asked where to draw the line between official and unofficial behavior, the special counsel simply waved away these worries, stating that Trump was unmistakably acting more like an office-seeker than an officeholder.
Similarly, the special counsel contended that the integrity and sound judgment of prosecutors should be the foundation for presidents’ protection.
In essence, it was an assurance that “Trust us, we’re the government.” After years of prosecutors’ demonstrated abuses, Justice Samuel Alito and others questioned whether such trust is warranted.
As evidence that left-leaning prosecutors are trying to make an example of Trump, supporters of the former president point to years of politically motivated lawsuits and investigations, both civil and criminal. Manhattan District Attorney Alvin Bragg, according to Turley, is the former president’s “best attorney” because he “personifies the danger immunity is meant to avoid.”
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