Legal expert Michael Conway on Sunday criticized the Supreme Court’s decision to consider former President Donald Trump‘s immunity claim.
Why It Matters: Conway, who served as counsel for the House Judiciary Committee during the impeachment inquiry of President Richard Nixon, argued that the court’s question is flawed and could lead to an incorrect ruling.
The Supreme Court’s decision to hear Trump’s immunity claim has sparked debate among legal experts. The court’s question, as framed, could have far-reaching implications for the former president and future officeholders. “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office,” the Supreme Court said.
“Unfortunately, I believe this is the wrong question. And the way it is worded runs the risk of delivering the wrong answer,” Conway said.
Conway, in his opinion piece published on Wednesday, pointed out that the court’s question focuses on the extent of a former president’s immunity from criminal prosecution for alleged official acts during their tenure. He argued that this question is overly broad and could lead to a convoluted answer, potentially delaying Trump’s trial and impacting the government’s efforts to hold him accountable.
Conway’s concerns were echoed by Harvard Law professor Laurence Tribe, who also criticized the court’s language as overly sweeping and abstract. The court’s decision to include the phrase “conduct alleged to involve official acts” could complicate the issue and potentially lead to a more nuanced answer, allowing for immunity in some circumstances but not in others.
“In that scenario, the court would return the appeal to a lower court to apply its ruling to the facts of the indictment against Trump. That delay would be the final, fatal blow to the government's effort in D.C. to hold Trump accountable in a jury trial before November's election.”
Why It Matters: The U.S. Supreme Court is currently considering Trump’s appeal of the Colorado Supreme Court’s decision, which also cited the 14th Amendment’s Insurrection Clause to remove Trump from the ballot. The Supreme Court’s ruling on this question could have significant implications for Trump’s trial and the broader issue of presidential immunity.
It is important to note that Trump has been maintaining a strong lead in the nomination race. He recently clinched victories in the Missouri, Michigan, and Idaho Republican caucuses, further widening the delegate gap between him and Haley. The wins bolster his delegate count and underscore his dominant position within the party.
The former president is currently facing various legal disputes encompassing both federal and state charges, spanning multiple locations such as New York City, Washington, Atlanta, Florida, and Georgia. Despite the accusations, the ex-president maintains his innocence, referring to the cases as a "witch hunt."
According to Real Clear Politics, at the national level, Trump held 78.7% support among GOP voters, While Haley trailed with 15.3% support.
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This content was partially produced with the help of Benzinga Neuro and was reviewed and published by Benzinga editors.
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