He United States Supreme Court This Thursday he was skeptical about the Donald Trump's request for absolute judicial immunity for having been president of the country, but there were judges who were inclined not to fully resolve the matter and return it to lower courts.
The majority of judges were skeptical of Trump's request, considering that Only the actions inherent to the functions of a president are protected by immunity and not those that have a personal nature.
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But there were also conservative magistrates critical of the prosecution's handling of the case and suggested that They could send the case back to the District of Columbia Court of Appeals to determine whether Trump's actions were public or private.
Trump, a Republican candidate in the elections on November 5, would benefit from prolonging the litigation given that, if he returned to the White House, he could order the Department of Justice to close the federal accusations against him.
It is unknown when the Supreme Court will issue its ruling, but it usually publishes its decisions in June, before the summer recess.
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Although it is not stated in the Constitution or the laws, active presidents of the United States have historically enjoyed immunity from judicial processes related to their functions, in order to avoid a violation of the separation between the executive and judicial powers.
Questioned by conservative judge Amy Coney Barrett, appointed by Trump himself, the Republican's lawyer admitted that Some of the actions that the former president carried out after the 2020 elections were “private” in nature and are probably not protected by immunity.
The progressive judges were very opposed to Trump's absolute immunity.
Elena Kagan recalled that The drafters of the Constitution opposed the existence of a “monarch” who was “above the law” and Ketanji Brown Jackson suggested that the pardon that Richard Nixon received after the Watergate scandal shows that former leaders can be prosecuted.
Unlike Trump, however, Nixon was not formally charged with any crime. His successor, Gerald Ford (1974-1977), granted him a preventive pardon for any crime he might have committed during his Presidency to prevent him from being prosecuted in the future, in a decision full of controversy that divided the country. .
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