Supreme Court to Hear Historic Arguments on Presidential Immunity
The Supreme Court of the United States will convene on Thursday, March 9, 2023, to hear oral arguments in a case that will have far-reaching implications for the future of presidential immunity. The case, Donald J. Trump vs. United States of America, stems from a criminal indictment against former President Donald Trump for allegedly obstructing justice and inciting an insurrection on January 6, 2021.
Central to the defense’s argument is the claim that only a former president who has been impeached and convicted by the Senate can be criminally prosecuted. Trump was impeached by the House of Representatives in 2021 but was acquitted by the Senate. His lawyers contend that the Impeachment Judgment Clause, which states that an officeholder convicted by the Senate shall nevertheless be “liable and subject to indictment, trial, judgment and punishment” in court, prohibits the prosecution of a former president who has not been convicted in the Senate.
Prosecutors, on the other hand, argue that the Trump team is misinterpreting the Impeachment Judgment Clause and that conviction in the Senate is not a prerequisite for a courtroom prosecution. They point out that the clause itself does not mention presidential immunity and that other provisions of the Constitution, such as the Supremacy Clause, make it clear that criminal statutes apply equally to all citizens, including former presidents.
The Court’s decision in this case will have significant implications for the future of presidential accountability. If the Court rules in favor of Trump, it would effectively grant former presidents immunity from criminal prosecution for any acts they commit while in office. Conversely, if the Court rules against Trump, it would open the door to the possibility of criminal charges against other former presidents for official misconduct.
The Court’s decision is expected to be handed down later this year. In the meantime, the arguments presented by both sides will be closely scrutinized by legal scholars and political observers alike, as they will shape the future of presidential power and accountability in the United States.
