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

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Thursday’s hearing is a historic day for the court, with the justices deciding whether former presidents can be prosecuted for official acts they take while in the White House.

FILE – President Donald Trump arrives to speak at a rally in Washington, on Jan. 6, 2021. The Supreme Court will hear arguments over whether Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election.

Expect to hear talk about the impeachment process and the relationship, if any, to criminal prosecution. Prosecutors say the Trump team is misreading the clause and that conviction in the Senate is not a prerequisite for a courtroom prosecution.There’s going to be plentiful discussion about Nixon but not necessarily for the reasons one might think.

Importantly, that decision did not shield presidents from criminal liability, though Trump’s team says the same analysis should apply.

 

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