How the Justice Department should have argued against Trump’s immunity

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Two of the court’s liberal justices point the way forward.

The scene in the Supreme Court on Thursday during arguments over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election. Thursday on Donald Trump’s claim of immunity from prosecution for acts taken in his official capacity as president.

The Justice Department tried to undermine the pragmatic case for immunity by declaring, in essence, that prosecutors are so exquisitely honorable and beyond reproach that politicized charges against former presidents are no great concern.

 

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