Supreme Court Justice Samuel Alito on Thursday asked Justice Department attorneys whether presidents will have to fear prosecution by a « bitter political opponent » if they reject former President Trump’s immunity arguments.
Supreme Court Justice Samuel Alito on Thursday asked Justice Department attorneys whether presidents would have to fear prosecution by a « bitter political opponent » if justices reject former President Trump’s immunity claims.
The Supreme Court heard arguments on the issue of presidential immunity, which could set a precedent for whether former presidents have « absolute immunity » from criminal prosecution.
Justice Samuel Alito on Thursday, during arguments from Justice Department attorney Michael Dreeben — who presented arguments on behalf of Smith — questioned the repercussions of charging a former president.
« Now if an incumbent who loses a very close, hotly contested election knows that a real possible nullity after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent, » Alito asked.
« Will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? And we can look around the world and find countries where we have seen this process, where the loser gets thrown in jail, » he said.
