4 weeks ago
An lawyer for erstwhile President Donald Trump successful nan statesmanlike immunity proceeding clashed pinch Supreme Court Justice Elena Kagan complete a hypothetical mobility connected whether a president who "ordered" a "coup" could beryllium prosecuted.
"If it's an charismatic act, location needs to beryllium impeachment and condemnation beforehand," Trump's lawyer John Sauer based on Thursday earlier nan Supreme Court, which is being broadcast publically via audio only.
Sauer's connection was successful consequence to Justice Elena Kagan's hypothetical question, asking if a president who is nary longer successful agency directing nan subject to shape a coup would represent an "official act."
"He's nary longer president. He wasn't impeached. He couldn't beryllium impeached. But he ordered nan subject to shape a coup. And you're saying that's an charismatic act?," Kagan asked.
LIVE UPDATES: TRUMP NY TRIAL TESTIMONY RESUMES AS SUPREME COURT HEARS IMMUNITY ARGUMENTS
Justices of nan US Supreme Court airs for their charismatic photograph astatine nan Supreme Court successful Washington, DC connected October 7, 2022. - (Seated from left) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Samuel Alito and Associate Justice Elena Kagan, (Standing down from left) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson. (OLIVIER DOULIERY/AFP via Getty Images)
"I deliberation it would dangle connected nan circumstances, whether it was an charismatic act. If it were an charismatic act, again, he would person to beryllium impeached," Sauer responded.
"What does that mean? Depend connected nan circumstances? He was nan president. He is nan commandant successful chief. He talks to his generals each nan time. And he told nan generals, 'I don't consciousness for illustration leaving office. I want to shape a coup.' Is that immune [from prosecution]?" Kagan pressed.
SUPREME COURT TO HEAR ARGUMENTS IN TRUMP PRESIDENTIAL IMMUNITY CASE
Former President Donald Trump exits Trump Tower successful New York City, Monday, April 15, 2024. Jury action originates coming successful nan alleged hush money proceedings successful Manhattan Criminal Court this morning. (Probe-Media for Fox News Digital)
Sauer responded it would "depend connected nan circumstances of whether location was an charismatic act" if nan hypothetical president would beryllium immune from prosecution.
"That reply sounds to maine arsenic though it's like, 'Yeah, nether my trial it's an charismatic act.' But that judge sounds bad, doesn't it?" Kagan said.
TRUMP SAYS NY JUDGE MERCHAN 'THINKS HE IS ABOVE THE SUPREME COURT' AFTER BARRING HIM FROM IMMUNITY ARGUMENTS
"That's why nan framers person a full bid of structural checks that person successfully, for nan past 234 years, prevented that very benignant of utmost hypothetical. And that is nan contented of nan framers. What they viewed arsenic nan consequence that needed to beryllium guarded against was not nan conception that nan president mightiness escape, you know, a criminal prosecution for something, you know, benignant of very, very improbable successful these improbable scenarios," Sauer responded.
"The framers did not put an immunity clause into nan Constitution. They knew really location were immunity clauses successful immoderate authorities constitutions. They knew really to springiness legislative immunity. They didn't supply immunity to nan president. And, you know, not truthful surprising. They were reacting against a monarch who claimed to beryllium supra nan law. Wasn't nan full constituent that nan president was not a monarch and nan president was not expected to beryllium supra nan law," Kagan said.
Justice Elena Kagan joined nan Supreme Court successful 2010 aft being nominated by erstwhile President Barack Obama. (Reuters/Jonathan Ernst)
The backmost and distant came arsenic nan Supreme Court weighs whether Trump is immune from prosecution successful Special Counsel Jack Smith’s predetermination interference case. Smith’s lawsuit is presently connected region until nan Supreme Court issues a ruling. The lawsuit charged Trump pinch conspiracy to defraud nan United States; conspiracy to obstruct an charismatic proceeding; obstruction of and effort to obstruct an charismatic proceeding; and conspiracy against rights. The lawsuit stems from Jan. 6, 2021, erstwhile supporters of Trump breached nan U.S. Capitol.
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WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith arrives to springiness remarks connected a precocious unsealed indictment including 4 felony counts against erstwhile U.S. President Donald Trump connected August 1, 2023 successful Washington, DC. (Drew Angerer/Getty Images)
Trump pleaded not blameworthy to each charges successful August, and called connected nan Supreme Court to measurement whether a erstwhile president tin beryllium prosecuted for "official acts," arsenic nan Trump ineligible squad argues.
The Supreme Court is expected to scope a solution connected whether Trump is immune from prosecution by mid-June.
Trump is besides portion of an ongoing proceedings successful New York City wherever he is accused of 34 counts of falsifying business records successful nan first degree. He pleaded not blameworthy to each charge. The proceedings prevented Trump from attending nan Supreme Court proceeding Thursday.
BIDEN INSISTS RED STATE WON TWICE BY TRUMP IS SUDDENLY 'IN PLAY'
The NY v. Trump lawsuit focuses connected Trump’s erstwhile individual lawyer Michael Cohen paying erstwhile pornographic character Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital matter she had pinch nan then-real property tycoon successful 2006. Trump has denied having an matter pinch Daniels.
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Prosecutors allege that nan Trump Organization reimbursed Cohen, and fraudulently logged nan payments arsenic ineligible expenses. Prosecutors are moving to beryllium that Trump falsified records pinch an intent to perpetrate aliases conceal a 2nd crime, which is simply a felony. Prosecutors this week said nan 2nd crime was a usurpation of a New York rule called "conspiracy to promote aliases forestall election."
Fox News Digital’s Brooke Singman contributed to this report.
