Beyond Labels

A 360° Discussion of Foreign, National and Local Policy Issues

Presidential Immunity

We agreed to discuss Trump’s claim of presidential immunity from criminal prosecution on Monday, May 6.

  • Should POTUS be immune from criminal prosecution for:
    • all acts taken during the time they are president? (As I think Trump’s attorneys are arguing.)
    • all acts reasonably connected to the scope of their official duties?
    • all acts which only they can take (such as vetoing legislation or making appointments to certain Executive Branch positions–“core” responsibilities)?
    • only those acts in which the underlying criminal statute expressly exempts the president?
    • no acts?

Although there have been lots of op/eds written on the subject, I think the best starting point for research would be arguments made in Trump’s case before the Supreme Court.

  • For the “Cliff Notes” version, ScotusBlog is usually a good source for reporting and summarizing key Supreme Court cases.
  • For those who want to review the source materials, here is:
    • A link to the oral arguments (audio and transcript) as they took place last Monday.
    • The Supreme Court docket page, with links to the various filings made by the parties in the case and amicus briefs filed by third parties.

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