Other topics included potential self-pardons, FDR and more.
Republican presidential candidate and former President Donald Trump speaks as he arrives at Hartsfield-Jackson Atlanta International Airport in Atlanta, GA, April 10, 2024., they could potentially reshape the contours of presidential power when they rule on whether Donald Trump is entitled to absolute immunity from prosecution for acts alleged to be part of his official duties in the White House.
"It would depend on the hypothetical," Sauer answered. "We could see that could well be an official act." To Sauer, he said, "I'm sure you've thought of lots of hypotheticals where a president could say, 'I'm using an official power,' and yet the power uses it in an absolutely outrageous manner." "But since Benjamin Franklin everybody has presidents who have held the office that they were taking this office subject to potential criminal prosecution, no?" she said."What was up with the pardon for President Nixon? ... If everybody thought that presidents couldn't be prosecuted, then what -- what was that about?" she said.
Barrett, quoting from court filings, said, "I want to know if you agree or disagree about the characterization of these acts as private. Petitioner turned to a private attorney who was willing to spread knowingly false claims of election fraud to spearhead his challenges to the election results.
Sauer said Trump's legal team was making that argument in his separate Florida federal case, in which he is accused of mishandling classified information while out of office, but they weren't doing so directly in this case, to which Thomas did not follow up. The exchange began when Jackson pressed, "If there’s no threat of criminal prosecution, what prevents the president from just doing whatever he wants?""You seem to be worried about the president being chilled. I think that we would have a really significant opposite problem if the president wasn't chilled," Jackson said.
"We've never answered whether a president can do that. Happily it's never been presented to us," Gorsuch said in response. Roberts said such a position could put too much faith in the justice system to act non-politically and out of good faith -- and he asked whether the Supreme Court should send the opinion back down to make clear to the circuit court that that is not the law.
"Presidents have to make a lot of tough decisions about enforcing the law and they have to make decisions about questions that are unsettled," Alito said, then asking if a "mistake" makes a commander in chief criminally liable.
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