Donald Trump asked the Supreme Court to grant him immunity from prosecution over efforts to overturn the 2020 election, arguing future presidents could face “de facto blackmail.”
However, he also suggested an alternative of sending the case back to lower courts for more proceedings, delaying a trial.
“No court has yet addressed the application of immunity to the alleged facts of this case,” Trump’s lawyers wrote.
Trump repeatedly cited past statements by Justice Brett Kavanaugh regarding the impact of criminal investigations on presidents, though Kavanaugh was referring to sitting rather than former presidents.
“The consequences of this court’s holding on presidential immunity are not confined to President Trump,” Trump’s lawyers stated. “If immunity is not recognized, every future President will be forced to grapple with the prospect of possibly being criminally prosecuted after leaving office every time he or she makes a politically controversial decision.”
“That would be the end of the Presidency as we know it and would irreparably damage our Republic,” they wrote.
Trump contends either full immunity or further lower court action is needed to prevent the “end of the Presidency as we know it.”
“This observation applies to former Presidents as well — and it applies most of all to a former President who is the leading candidate to replace the incumbent who is prosecuting him,” Trump said.
The Supreme Court will hear oral arguments in April on the scope of presidential immunity as Trump seeks to avoid a trial before the 2024 election.
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