Michael Dreeben argued on behalf of the government Thursday that no part of the “conspiracy to defraud the United States” charge against former President Donald Trump could be considered part of a president’s official acts.
During arguments in Trump v. United States, which focuses on whether the former president should be immune from prosecution for actions related to attempts to overturn the 2020 election, Chief Justice John Roberts asked Dreeben if a president is subject to criminal laws “just like anybody else” if they make a mistake. Dreeben agreed that the president is in a special position, given the high level of access to legal advice and responsibility to defend the U.S. Constitution.
“Making a mistake is not what lands you in a criminal prosecution,” Dreeben said.
“These are not the kinds of activities that I think any of us would think a president needs to engage in in order to fulfill his Article II duties,” Dreeben said.
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