Trump Lawyer Tells SCOTUS That Even A Military Coup Order Would Be Immune From Prosecution

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S.V. Dáte is a senior White House correspondent at HuffPost. His new work, The Useful Idiot, captures Trump's failed management of the coronavirus pandemic and his corruption of the Republican Party. Dáte is the author of five novels and previous two political biographies, including one of former Florida Governor Jeb Bush.

WASHINGTON — An order from a president to the military to conduct a coup to remain in office “might well be an official act,”’s lawyer told the Supreme Court in oral arguments Thursday on the question of whether Trump’s attempted coup is immune from prosecution.

He has made it clear, though, that he is keenly aware of the import of the high court’s coming decision. On Monday, hean all-capital-letters screed demanding that all actions taken by a sitting president be given “complete & total” immunity, even those that “cross the line.” He ended with: “God bless the Supreme Court.”

During the appeals court oral arguments, one of the judges asked Trump’s lawyer if under Trump’s immunity theory a president could order SEAL Team Six to murder a political opponent and then never face criminal charges. Trump’s lawyer eventually answered yes, that was a possibility. Such a hearing, while it would bring forth testimony from former Trump White House officials damaging to Trump, could mean that a trial may not conclude by Nov. 5, particularly if the Supreme Court does not issue a ruling until the close of its term at the end of June.

Trump is facing a separate Jan. 6-related state-level prosecution in Georgia for trying to overturn his election loss there. A trial on those racketeering and conspiracy charges could take place later this year.And in New York City, Trump is currently on trial on charges that he falsified business records to hide $130,000 in hush money payments to a porn star in the days before the 2016 election. Trump has said nothing he did in the scheme to bury her story was illegal.

 

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