Justice Samuel Alito Questions if Criminal Prosecution of Former President ‘Destabilizes the Functioning of Our Country’

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Supreme Court Justice Samuel Alito on Thursday questioned if the criminal prosecution of an incumbent — who narrowly lost an election — could lead to the destabilization of the country as a whole as opposed to the incumbent knowing he could leave office peacefully.

This artist sketch depicts, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan at the Supreme Court during arguments over whether former President Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election, on Capitol Hill in Washington on April 25, 2024.

Dreeben said he doubted that, asserting that it “presupposes a regime that we have never had except for President Nixon and as alleged in the indictment here.”

 

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