U.S. Supreme Court justices in Trump trial signal some support for criminal immunity

On April 25, the U.S. Supreme Court took up Donald Trump's bid to avoid prosecution over his efforts to overturn his 2020 election loss to Democrat Joe Biden.Conservative justices on the U.S. Supreme Court signalled they may rule that American presidents are entitled to some form of immunity from criminal liability, a move that could thwart the prosecution of Donald Trump for trying to overturn the 2020 election.

Conservative Justice Samuel Alito raised the possibility of prosecutions of former presidents becoming routine, creating an incentive for incumbents to stay in office illegally, in order to avoid being indicted. John Sauer, the former president’s lawyer, said the possibility of prosecution would hamper executive action. He floated, for instance, the notion of charging former president Barack Obama over a 2011 drone strike that killed a U.S. citizen in Yemen, or Mr. Biden for his handling of the border with Mexico.

“How about if the president orders the military to stage a coup?” Justice Kagan asked. Mr. Sauer replied: “That may well be an official act.”

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