WASHINGTON: When the US Supreme Court ultimately rules on Donald Trump's claim of presidential immunity from prosecution, a third of those deciding the matter will be justices he appointed to the
Donald Trump speaks with Amy Coney Barrett after she was sworn in as an associate justice of the US Supreme Court on Oct 26, 2020. Those three - Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch - posed questions from various angles as the nation's top judicial body heard arguments on Thursday in a case that provides a vital test of the power of the presidency. They comprise half of the court's 6-3 conservative majority.
Barrett questioned D John Sauer, the lawyer arguing for Trump, about his contention that a president must be impeached and removed from office by Congress - something that has never happened in US history - in order to be prosecuted for an official act taken while in office. "You're saying," Barrett asked Sauer,"that he couldn't be prosecuted for that, even after a conviction impeachment proceeding if there was not a statute that expressly referenced the president and made it criminal for the president?"
Sauer cited Article II of the Constitution, which delineates presidential powers, as the"source" of immunity from prosecution, even though it is not specifically mentioned in the 18th-century document that laid out the American form of government.
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