In a bold statement to the Supreme Court, former President Donald Trump’s legal team asserted that rejecting his claim of absolute immunity from criminal prosecution for official acts could expose future presidents to potential blackmail.
The argument, outlined in a court filing on Tuesday, contends that denying criminal immunity would render every future president vulnerable to extortion while in office and subject them to prolonged post-office legal battles instigated by political opponents.
Trump and his legal representatives have staunchly defended his asserted immunity, especially concerning charges related to the January 6, 2021, Capitol riot. The court’s decision to hear Trump’s case has delayed the prosecution initiated by special counsel Jack Smith.
Trump’s legal strategy has drawn criticism, notably when one of his lawyers, D. John Sauer, declined to refute the possibility of a president evading criminal prosecution for ordering actions such as assassinations. Sauer suggested that impeachment would precede any criminal charges, leaving the door open for potential immunity.
Legal experts have rejected Trump’s immunity claim, arguing that accepting such broad protection would elevate presidential power to near-imperial levels.
Trump’s defense also relies on the Senate’s failure to convict him of inciting the January 6 riot during his impeachment trial. However, some Republican senators justified their votes against conviction by asserting that Congress lacked authority to impeach a former president, emphasizing that Trump remains accountable for his actions.
In their Supreme Court brief, Trump’s lawyers cite instances where past presidents faced allegations of criminal conduct, including Bill Clinton’s pardon of Marc Rich, George W. Bush’s claims about Iraq’s weapons, and Barack Obama’s drone policy. Notably absent from the filing is Trump’s own suggestion of indicting President Joe Biden for his immigration policies.
The Supreme Court is scheduled to hear oral arguments in Trump’s case on April 25.
