US supreme court wrestles with limits of presidential immunity in Trump appeal

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Arguments suggest matter may be sent back to lower courts, which would further delay trial on election interference

The US supreme court on Thursday wrestled with how to define the scope of presidential immunity from criminal prosecution asDuring oral arguments the court sought to draw the boundaries between a president’s personal and official acts, suggesting the matter might need to be sent back to lower courts to evaluate the nature of Mr Trump’s actions.

The court’s decision will affect a pillar of his defence and reverberate more broadly throughout the US government, having a long-lasting impact on the country’s balance of power and on presidents’ accountability. Michael Dreeben, who represented the department of justice, countered there was no constitutional basis for the kind of expansive immunity Mr Trump has sought, and such a “novel theory would immunise former presidents for criminal liability for bribery, treason, sedition, murder”.

Amy Coney Barrett, a member of the court’s conservative wing and a Trump appointee, also appeared sceptical. She challenged Mr Sauer’s argument that some laws may not apply to the president: “How can you say that he would be subject to prosecution after impeachment, while at the same time saying that he’s exempt from these criminal statutes?”

“Even a relatively favourable ruling ... doesn’t mean that the case is over. Not at all,” he added. “But it does not also mean that the prosecution can break out the champagne,” saying it was “not likely” the lower court’s ruling would be affirmed. The former president said he wanted to attend Thursday’s hearing but could not, as he is required to be in Manhattan criminal court where he is standing trial for allegedly falsifying business records to conceal an affair.

 

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