Former President Donald Trump’s lawyer D. John Sauer gave opening arguments Thursday before the Supreme Court in a case that may help decide whether Trump can be prosecuted for allegedly trying to overturn the results of the 2020 election.
Trump argues that presidents should be immune from prosecution for their official acts, and claims that the actions he took to allegedly compile a false slate of electors, as well as other actions to prevent President Joe Biden from taking office, were part of his official conduct.
“Without presidential immunity from criminal prosecution, there can be no presidency as we know it,” Sauer began.
He argued that with the threat of looming prosecution, presidents couldn’t make the tough decisions they’re charged with. He also said that the decision in this case would have far-reaching consequences, before listing examples of other potential cases.
“Could President Biden someday be charged with unlawfully inducing immigrants to enter the country illegally for his border policies?” Sauer asked. “Prosecuting the president for his official acts is an innovation with no foothold in history or tradition, and incompatible with our constitutional structure.”
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