In courtroom arguments this Tuesday before three judges on the federal court of appeals for Washington, D.C., a lawyer for ex-President Donald Trump further argued the idea from the ex-president’s camp that holders of that White House role enjoy nearly total immunity from criminal prosecution for actions taken as part of their responsibilities. D. John Sauer, the lawyer, even allowed for the absurd possibility that a president could order a military team to assassinate a political opponent and evade the possibility of prosecution!
“The below statement by Trump lawyer John Sauer is … INSANE,” Rep. Ted Lieu (D-Calif.), a member of the House Judiciary Committee, said in reaction to Sauer’s contentions. “Also, nothing in the Constitution prevents local and state prosecutors from prosecuting a person for murder, regardless of that person’s wealth or position or power.”
Though the three-judge panel may decide quickly on Trump’s claims, the dispute looks set to then head to the U.S. Supreme Court, though there’s not necessarily a guarantee that the nation’s highest court will even agree to hear the case.
There may also be the possibility of Trump seeking a redo before the full court of appeals, meaning every judge at that level in the circuit, though he just lost in a similar request filed in a federal court of appeals operating in New York City. There, he’d been trying to get a redo on immunity arguments in a civil context: court proceedings originating with writer E. Jean Carroll, who accused Trump of sexual misconduct and defamation. Trump will soon reach trial on a second set of defamation allegations from Carroll, with the jury set to examine just the question of financial penalties after underlying liability was already established.
In discussion with Sauer, one of the judges seemed to narrow the discussion away from the Trump team’s more wide-ranging arguments about supposedly extensive, procedural freedom for the executive branch, since even the Trump team’s framework allowed for certain, isolated scenarios where a former president could, in fact, be charged. Check it all out below:
The below statement by Trump lawyer John Sauer is … INSANE.
Also, nothing in the Constitution prevents local and state prosecutors from prosecuting a person for murder, regardless of that person’s wealth or position or power. https://t.co/gSORwdPGdr
— Ted Lieu (@tedlieu) January 9, 2024
Judge: “I asked you a yes or no question. Could a president who ordered S.E.A.L. Team 6 to assassinate a political rival (and is) not impeached, would he be subject to criminal prosecution?”
Trump attorney says “qualified yes — if he is impeached and convicted first.” pic.twitter.com/OJvEbRDznj
— Manu Raju (@mkraju) January 9, 2024
