On the left and right, Supreme Court justices seem to agree on a basic truth about the American system of government: No one is above the law, not even the president.'The law applies equally to all persons, including a person who happens for a period of time to occupy the Presidency,' Justice Samuel Alito wrote in 2020.
Smith's team says the men who wrote the Constitution never intended for presidents to be above the law and that, in any event, the acts Trump is charged with – including participating in a scheme to enlist fake electors in battleground states won by Biden – aren't in any way part of a president's official duties.Nearly four years ago, all nine justices rejected Trump's claim of absolute immunity from a district attorney's subpoena for his financial records.
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