Takeaways from the Supreme Court arguments on Trump’s absolute immunity claims
"Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson spent much of the argument quizzing the attorneys on the potential implications of Trump’s absolute immunity position.
In one of the many hypotheticals the liberals tossed at Trump’s attorney, Kagan asked what would happen if a president ordered the military to stage a coup. Could that be prosecuted under Trump’s theory?
Sauer responded that a president would first have to be impeached and convicted before he could be charged criminally. Kagan fired back by asking what would happen if the order came on the final days of a presidency and there was not time to impeach or convict.
“You’re saying that’s an official act? That’s immune?” Kagan asked.
Sauer had to acknowledge that, under Trump’s theory, “it could well be.”
“That sure sounds bad, doesn’t it?” Kagan responded.
Echoing a more fundamental argument the special counsel raised earlier in the case, Jackson said she was concerned Trump’s argument would put presidents above the law.
“If there’s no threat of criminal prosecution, what prevents the president from just doing whatever he wants?” Jackson said. “I’m trying to understand what the disincentive is from turning the Oval Office into the seat of criminal activity in this country.”