Justice Alito Presses Jack Smith's Team on Claim That Former Presidents Lack Immunity

Justice Alito Presses Jack Smith’s Team on Claim That Former Presidents Lack Immunity


WASHINGTON, DC – Justice Samuel Alito sparred with a government lawyer Thursday during oral arguments in which a majority of Supreme Court justices sympathized with former President Donald Trump’s attorneys’ arguments that a president does enjoy some level of immunity that endures past the term of office.

Alito pressed the government’s lawyer Michael Dreeben on its claim that a former president does not have any form of immunity. Dreeben represented Special Counsel Jack Smith’s team in arguing against Trump’s claim that he is immune from prosecution on charges of attempting to overturn the results of the 2020 election.

As Alito phrased it, Dreeben claims that while a former president does not have immunity, he enjoys “a form of special protection, namely, that statutes that

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