âWeâre writing a rule for the ages,â he cautioned last week.
Supreme Court Justice Neil Gorsuch last week suggested in arguments that former presidents like Donald Trump should have some immunity otherwise future presidents would be targeted after leaving office.
âIt didnât matter what the presidentâs motives were … thatâs something courts shouldnât get engaged in … I am concerned about future uses of criminal law to target political opponents based on accusations about their motives,â the Supreme Court justice said on April 25.
Justice Gorsuch, who was appointed by President Trump, made the comment as he and the eight other justices were hearing arguments on whether the former president should be declared immune from prosecution in a election-related case that was brought by special counsel Jack Smith. The former president appealed that case, saying he should enjoy absolute immunity.
During the hearing, Justice Gorsuch suggested that future presidents could potentially pardon themselves before leaving offices if the Supreme Court doesnât rule that presidents should enjoy at least some immunity. The justice then said he doesnât want to have to make a decision on whether a president can use that authority.
âWeâve never answered whether a president can do that; happily, itâs never been presented to us,â Justice Gorsuch said of whether a president can issue a pardon to himself before leaving office.
He and several other conservative-leaning justices said that they less concerned about President Trumpâs charges but more concerned about the Supreme Courtâs ruling on immunity in general. âWeâre writing a rule for the ages,â he stated.
During the hearing, many of the Supreme Court justices appeared to be somewhat skeptical that President Trump should be declared absolutely immune from prosecution in the Smith case. But some of the justices signaled that a recent District of Columbia appeals court ruling that rejected President Trumpâs immunity arguments should be revisited.
Justice Samuel Alito also noted that âwhatever we decide is going to apply to all future presidents.â
Each time Justice Department lawyer Michael Dreeben sought to focus on President Trump, Justice Gorsuch and Justice Brett Kavanaugh jumped in. âThis case has huge implications for the presidency, for the future of the presidency, for the future of the country,â Justice Kavanaugh said.
Meanwhile, Mr. Smithâs team is asking for a speedy resolution. The court typically issues its last opinions by the end of June, about four months before the election. U.S. District Judge Tanya Chutkan, who would preside over the trial, said pre-trial issues could take up to three months.
Before the Supreme Court, President Trumpâs attorney D. John Sauer argued that former presidents should be declared absolutely immune for acts they did under their official capacity as president. If not, prosecutors motivated by a political animus could target them after they leave the Oval Office with spurious charges, he added.
But some of the justices, including Chief Justice John Roberts, signaled that presidents should not be able to escape all forms of prosecution. He asked about a hypothetical scenario in which a president is indicted for receiving a bribe in exchange for an ambassadorial appointment. âThatâs like a one-legged stool, right?â he asked.
President Trump said he wanted to be at the Supreme Court on April 25. Instead, he was in a courtroom in New York, where he is standing trial on charges that he falsified business records to keep damaging information from voters when he directed hush money payments to an adult film performer to keep quiet her claims that they had a encounter, which he denies.
The Associated Press contributed to this report.
Original News Source Link – Epoch Times
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