from The Epoch Times:
‘This case has huge implications for the presidency, for the future of the presidency, for the future of the country,’ Justice Brett Kavanaugh says.
During Thursday’s deliberations at the U.S. Supreme Court on former President Donald Trump’s immunity claim, Supreme Court Justice Brett Kavanaugh warned that a decision in the case has future implications for whether future presidents are shielded from vicious cycles of malicious prosecution that could effectively end the presidency as we know it.
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President Trump was indicted by special counsel Jack Smith in August 2023 on charges of conspiring to overturn the results of the 2020 election.
Pleading not guilty, the former president has argued that he should receive absolute immunity from criminal prosecution for acts that fell within the scope of his official duties. The exception to this immunity, he has argued, is if Congress impeaches and convicts him on charges.
A federal appeals court rejected that argument, claiming that presidents must face prosecution for alleged criminal wrongdoing.
The question that is now before the Supreme Court is: “Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office?”
During Thursday’s deliberations, the justices weighed the claim of absolute immunity that, if adopted, would stop Mr. Smith’s prosecution of the former president dead in its tracks.
Several conservative justices suggested they favor imposing limits on the prosecution of former presidents, while highlighting the importance of the case for the future.
Justice Kavanaugh said that when presidents are subject to prosecution, history shows that it’s not going to stop.