Morning in case 20 39 39, trump versus United States. Mr. Sour . Mr. Chief justice and may it please the court, without president ial immunity from criminal prosecution, there can be no presidency as we know it. For 234 years of american history, no president was ever prosecuted for his official act. The framers of our constitution viewed an energetic executive as essential to securing liberty. If a president can be charged, put on trial and in prison for his most controversial decision as soon as he leaves office, that looming threat will distort the president s decisionmaking precisely when bold and fearless action is most needed. Every current president will face de facto blackmail and extortion by his political rivals while he is still in office. The implications of the courts decision here extend far beyond the facts of this case. Could president george w. Bush have been sent to prison for obstructing an official proceeding or allegedly lying to congress to induce war in iraq . Co
Prosecuted for his official act. The framers of our constitution viewed an energetic executive as essential to securing liberty. If a president can be ard, put on trial and in prison for his most controversi dision as soon as he leaves office, that looming teawill distort the president s decisionmaking precisely when bold and fearless action is most needed. Every current president will face de facto blackml d extortion by his political rivals while he is still in office. The implications of the courts decision here extend far beyond the facts of ts se. Could esent george w. Bush have been sent to prison for stcting an official proceeding or allegedly lying to congress to induce war iir . Could president obama be charged with murder for killing u. S. Citizens abroad by drone strike . Could President Biden someday be chgewith unlawfully inducing immigrants to enter the country illegally for his border poly. The answer to all the questions is no. Prosecuting the esent for official acts is
Imal prosecution, there can be no presidency as we know. For 234 years ofmecan history, no president was ever prosecuted for h oicial act. The framers of our constitution viedn energetic executive as essential to securing liberty. If a president can be charged, put on trial and in prison f his most controversial decision as soon as he leaves office, that looming threat will distort the president s decisionmaking precisely when bold and fearless action is mo nded. Every currt esident will face de facto blackmail and tortion by his political rivals while he is still i office. E implications of the courts decision here extend fareyd the facts of this case. Could president george w. Bush have been sent to prison for obstructing an official proceedi oallegedly lying to congress to induce war in iraq . Could president obama be charged with murder for killinu. Citizens abroad by drone strike . Could President Biden someday be charged with unlawfully inducing immigran tenter the country illega
There is a possibility they may see some opportunity for some immunity for some president ial decisions. If they decide it that way, it may have to go back down to the District Court which could cause further delay. I appreciate you not being sidetracked by somebody who apparently wants to scream louder than anybody else. Catherine, the lower courts have been unanimous that trump cannot claim immunity. Does that tell you something . I cant imagine theyre going to say a former president has absolute immunity for criminal acts. What will be a win for donald trump is if theyre saying were sending it back to judge chutkan to determine which, if any he would have immunity for and which he would not. Thats a win because that would delay the trial, which is already delayed. So what of course obviously jack smith and Special Counsel is hoping for, a majority of the court will just say, no, absolute immunity from Criminal Prosecution for a former president and clearly jack smith would say this
Check abuses of power especially the use of official power for private gain. Here the Executive Branch is enforcing congressional statutes and seeking accountability for petitioners alleged misuse of official power to subvert democracy. That is a compelling public interest. In response, petitioner raises concerns about potential abuses. But established legal safeguards provide layers of protections with the Article Iii Courts providing the ultimate check. The existing system is a carefully balanced framework. It protects the president but not at the high constitutional cost of blanket criminal immunity. That has been the understanding of every president from the framing through watergate and up to today. This court should preserve it. I welcome the courts questions. Does the president have immunity or are you saying there is no immunity even for official acts . Yes, justice thomas. But i think it is important to put in perspective the position that we are offering the court today. The