Chief Justice Roberts Expresses Concern Appeals Court Ruling Directs ‘A Former President Can Be Prosecuted Because He's Being Prosecuted’

Chief Justice Roberts Expresses Concern Appeals Court Ruling Directs ‘A Former President Can Be Prosecuted Because He’s Being Prosecuted’


U.S. Supreme Court Chief Justice John Roberts took issue Thursday with the appeals court ruling’s language denying former President Donald Trump’s presidential immunity claim – language he understands to mean “a former president can be prosecuted because he’s being prosecuted.”

Roberts read aloud a piece of the court of appeals ruling on Thursday and asked Michael Dreeben, a Department of Justice (DOJ) counselor to the special counsel, if he agreed with it.

LISTEN:

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“The court of appeals below, whose decision we’re reviewing, said, ‘A former president can be prosecuted for his official acts because the fact of the prosecution means that the former president has allegedly acted in defiance of the laws.’ Do you agree with that statement?” Roberts asked.

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