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 framing makes it clear that it is considering only immunity for a former president and conduct that may be an official act. Recommended CONGRESS Alabama Sen. Katie Britt to deliver the Official Exclusive Drop Indiana Men’s Basketball Slam Series Shirt What’s more,I will buy this GOP response to Biden’s State of the Union address That would suggest the court might conclude that presidents cannot be prosecuted for acts central to their role, such as ordering military actions, issuing pardons or firing officials, said Jack Goldsmith, a professor at Harvard Law School who served in the administration of President George W. Bush. A ruling that rejects Trump’s broad immunity claims while protecting some core presidential functions would “not unduly chill a president in office from exercising key powers,” Goldsmith said. Lower courts have rejected Trump’s immunity claim in the case. U.S. District Court Judge Tanya Chutkan, who would oversee any eventual trial, ruled categorically that former presidents can be prosecuted for “any criminal acts undertaken while in office.” The U.S. Court of Appeals for the District of Columbia Circuit then ruled along similar lines, although it assumed for the basis of the decision that Trump’s conduct constituted official acts. In weighing the official acts issue, the Supreme Court may also take into account a separate case involving civil claims against Trump for his role

on Jan. 6, 2021. In that case, a different panel of judges on the Official Exclusive Drop Indiana Men’s Basketball Slam Series Shirt What’s more,I will buy this same appeals court in Washington rejected his immunity claim, ruling that he was not engaged in official acts because he was acting in his capacity as a candidate for office. Trump opted against appealing that case to the Supreme Court. It is uncharted territory for the high court. It was never required to weigh in when former President Richard Nixon potentially faced prosecution after the Watergate scandal because President Gerald Ford issued a pardon. Trump puts much weight on a 1982 ruling in a case called Nixon v. Fitzgerald, also involving Nixon, which addressed presidential immunity in a civil case. Then, the court ruled that presidents have immunity when the conduct in question was within the “outer perimeter” of their official duties. But, as Smith points out, that was not a criminal case, meaning its application may be limited. The Supreme Court has narrowed the case in other ways, too, most notably by refusing to consider Trump’s secondary argument that presidents cannot be prosecuted if they were previously subject to impeachment but then acquitted by the Senate. “They have taken that off the table,” Eliason said. Lawrence Hurley Lawrence Hurley covers the Supreme Court for NBC News.

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