PoliticsThursday 04.25.24

SCOTUS Justice Ketanji Brown Jackson argues immunity could incentivize future presidents to commit crimes.

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U.S. Supreme Court Justice Ketanji Brown Jackson on Thursday questioned what would discourage future presidents “from turning the Oval Office into the seat of criminal activity in this country” if the justices grant Donald Trump federal criminal immunity.

“Wouldn’t there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they're in office?” the liberal justice asked at oral arguments over Trump’s immunity claim.

In arguing that he is immune from criminal prosecution in his federal criminal cases, such as the election interference case, Trump has claimed that his efforts to overturn his defeat were official parts of his role as president — and therefore, he cannot be charged since the U.S. Senate didn’t convict him in his impeachment trial. If justices end up ruling in his favor — which is viewed as unlikely — his federal criminal cases would end.

But it’s not clear if justices will come to a quick ruling: Several conservative justices Thursday questioned what the future consequences could be if presidents don’t have criminal immunity. If the justices don’t quickly issue a ruling, it is less likely that the federal election interference trial against Trump, which is currently frozen, would reach a verdict before Election Day in November.

Recount Wire

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