Trump attorney, Supreme Court justice clash on whether a president who 'ordered' a 'coup' could be prosecuted
Donald Trump,Supreme Court,Elena Kagan,January 6,Capitol Chaos
An attorney for former President Donald Trump in the presidential immunity hearing clashed with Supreme Court Justice Elena Kagan over a hypothetical question on whether a president who "ordered" a "coup" could be prosecuted.
"If it's an official act, there needs to be impeachment and conviction beforehand," Trump's attorney John Sauer argued Thursday before the Supreme Court, which is being broadcast publicly via audio only.
Sauer's statement was in response to Justice Elena Kagan's hypothetical question, asking if a president who is no longer in office directing the military to stage a coup would constitute an "official act."
Related Coverage
AllSides Picks
News
Tracking Trump’s Campaign Promises
AllSides Staff
October 2nd, 2026
Recommended Reading
When Xi Plays His Trump Card
Dan Schnur
September 28th, 2026
Headline Roundup
What to Make of the Pentagon's Office of Religious Affairs
October 2nd, 2026
Headline Roundup
September Jobs Report Adds 29,000 Jobs, Less Than Expected
October 2nd, 2026