Supreme Court Justice Ketanji Brown Jackson questioned government lawyer Michael Dreeben on Thursday about whether the case of Donald Trump v. The United States is the right case to determine the limits of presidential immunity.
Jackson proposed that if the nation’s highest court should try to determine whether some core presidential actions are immune to prosecution, this case might not be the right one to do so, as Dreeben argues all of former President Donald Trump’s actions were not core conduct. Dreeben agreed.
“We don’t think there are any core acts that have been alleged in the indictment that would be off limits as a matter of Article II,” Dreeben said.
“So if we were going to do this kind of analysis, try to figure out what the line is, we should probably wait for a vehicle that actually presents it in a way that allows us to test the different sides of the standard that we would be creating, right?” Jackson asked.
“I don’t see any need in this case for the Court to embark on that analysis,” Dreeben responded.
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