What to listen for during Supreme Court arguments on Donald Trump and presidential immunity

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The Supreme Court will hear arguments over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election

The Supreme Court hears arguments Thursday over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election. It's a historic day for the court, with the justices having an opportunity to decide once and for all whether former presidents can be prosecuted for official acts they take while in the White House.

There are no cameras in the courtroom, but since the pandemic, the court has livestreamed its argument sessions. Listen live on apnews.com/live/trump-supreme-court-arguments-updates or the court’s website at www.supremecourt.gov. C-SPAN also will carry the arguments at www.c-span.org. Expect to hear talk about the impeachment process and the relationship, if any, to criminal prosecution. Central to Trump's immunity argument is the claim that only a former president who was impeached and convicted by the Senate can be criminally prosecuted. Trump was impeached over his efforts to undo the election in the run-up to the violent riot at the U.S. Capitol on Jan. 6, 2021. But he was acquitted, not convicted, by the Senate in 2021.

There's going to be plentiful discussion about Nixon but not necessarily for the reasons one might think. Trump's team has repeatedly drawn attention to a 1982 case, Nixon v. Fitzgerald, in which the Supreme Court held that a former president cannot be sued in civil cases for their actions while in office. The case concerned the firing of an Air Force analyst, A. Ernest Fitzgerald, who testified before Congress about cost overruns in the production of a transport plane.

 

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