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Does Trump Have Immunity? What the Supreme Court Will Decide
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April 25, 2024
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0:52Now PlayingThe US Supreme Court has never considered whether former presidents are immune from criminal prosecution for acts they took in office. Before Donald Trump, the court never needed to.
The justices are scheduled to hear arguments Thursday in a historic showdown likely to determine whether Trump stands trial in federal court in Washington for allegedly inciting the Jan. 6 Capitol riot and trying to overturn the 2020 election. Trump, fighting charges pressed by Special Counsel Jack Smith, contends the Constitution gives presidents “absolute immunity” from prosecution over official actions taken while in office.
Two lower courts ruled against Trump, saying he was seeking something that couldn’t be found in the Constitution, the words of the nation’s founders or any Supreme Court precedent.
“In this moment, there is no such thing as criminal immunity for presidents,” said Kimberly Wehle, a University of Baltimore law professor whose focuses include the constitutional separation of powers.
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