Supreme Court seems open to middle ground on Trump immunity

The Supreme Court on Thursday appeared open to a middle-ground approach to a bid by former President Donald Trump to invoke presidential immunity to shake off his criminal charges.

The nine justices asked Trump’s attorney, D. John Sauer, pointed questions about whether presidents had “absolute immunity” from prosecution as they weighed Trump’s argument that he was protected under the Constitution from being charged for his actions after the 2020 election. Arguing on behalf of special counsel Jack Smith was veteran litigant Michael Dreeben.

Trump contends former presidents should have immunity from charges over actions they took in office and has said that Congress must secure a conviction during the impeachment process in order for any former president to face criminal charges for the same underlying conduct in a court of law. So far, two lower federal courts have disagreed with that legal argument.