on Tuesday that prosecuting the former president for actions he took while he was in office would be used as “de facto blackmail” against future presidents.
“The President cannot function, and the Presidency itself cannot retain its vital independence, if the President faces criminal prosecution for official acts once he leaves office,” Trump’s attorneysThe Supreme Court is weighing whether the Constitution has a built-in immunity provision that protects Trump from being criminally charged for allegedly illegally attempting to overturn the 2020 election and conspiring to obstruct the election certification.
“A denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents,” the defense attorneys wrote.
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