Supreme Court hears arguments on presidential immunity

WASHINGTON (NEXSTAR) – The Supreme Court heard oral arguments for Donald Trump’s presidential immunity case.

The former president claims he cannot be criminally prosecuted for his actions leading up to and on January 6th because he was acting in an official capacity.

Ultimately the outcome of this case could play a major role in the upcoming election just months away.

It’s a reality not lost on the justices.

Justice Neil Gorsuch at one point said the court is now writing a rule for the ages that would impact not just this presidency but presidents down the road.

Attorneys representing Trump argued the former president is immune to federal charges accusing him of scheming to overturn the 2020 election.

“If a president can be charged, put on trial, and imprisoned for his most controversial decisions as soon as he leaves office,” said Trump attorney D. John Sauer.

In court, Trump’s attorney told the justices charging a former president for an official act is not what the framers intended but justices challenged the theory.

“The framers did not put an immunity clause into the constitution…not so surprising they were reacting against a monarch who claims to be above the law,” said Justice Elena Kagan.

Justice Sonia Sotomayor questioned how far presidential immunity can go.

“If the president decides that his rival is a corrupt person and he orders the military or orders someone to assassinate him, is that within his official acts for which he can get immunity? Sotomayor asked.

An attorney representing the Department of Justice says Trump’s claim has no foundation in the constitution.

In New York for a separate trial, Trump expressed confidence the Supreme Court will be fair.

In the end both conservative and liberal justices did not seem sold on Trump’s total immunity claim and there is a chance the court could send this case back down to a lower court.  The timing of this ruling will be crucial in determining if Trump will face trial before Election Day.

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