‘s four-count election subversion indictment, Gorsuch suggested that former presidents like Trump must have immunity or else future presidents could be targeted for prosecution and could therefore seek to pardon themselves before leaving office.
“I’m not concerned about this case, but I am concerned about future uses of the criminal law to target political opponents based on accusations about their motives,” Gorsuch said, adding, “We’re writing a rule for the ages.” "It didn't matter what the president's motives were… That's something courts shouldn't get engaged in… I am concerned about future…Gorsuch later became testy during an exchange with Michael Dreeben, a veteran Supreme Court litigant who represented the special counsel’s office in the nearly three-hour oral argument session.
Dreeben answered that in such a scenario, the president’s action would not be considered a “core” executive action, and he explained that the kinds of activities that the court has acknowledged exist are in a “pretty small set.” However, the government attorney admitted that a former president probably could not be prosecuted for the conduct Gorsuch described after that president leaves office.
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