Former President Donald Trump’s legal team filed an application with the U.S. Supreme Court seeking a stay on a lower court ruling that denies presidential immunity to prosecution for alleged crimes committed while in office.
The filing emphasizes the need for the Supreme Court to decide on the question of presidential immunity through ordinary judicial procedures.
Trump’s attorneys argue that the ruling against the immunity claim represents a breach of historical norms and precedent, expressing concerns about the potential impact on future presidents’ decision-making and independence if prosecutions become more common.
“The panel opinion below, like the district court, concludes that Presidential immunity from prosecution for official acts does not exist at all. This is a stunning breach of precedent and historical norms. In 234 years of American history, no President was ever prosecuted for his official acts. Nor should they be. Presidents must make the most sensitive and far-reaching decisions entrusted to any official under our constitutional system. Their decisions are the most politically controversial of any official, and they draw the most national attention and political ire, making the President an easily identifiable target for politically motivated prosecution. If the prosecution of a President is upheld, such prosecutions will recur and become increasingly common, ushering in destructive cycles of recrimination,” the filing read.
“This threat will hang like a millstone around every future President’s neck, distorting Presidential decisionmaking, undermining the President’s independence, and clouding the President’s ability ‘to deal fearlessly and impartially with’ the duties of his office,'” it read.
The application is titled United States v. Trump and is awaiting assignment of a document number in the Supreme Court.
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