Trump v US: SCOTUS likely to determine presidents get ‘some amount’ of immunity, experts say
The Supreme Court is set to consider arguably the highest-profile cases of the term Thursday to determine whether former President Trump can claim presidential immunity against criminal charges brought by the Biden Justice Department.
Special Counsel Jack Smith, who brought charges against Trump following his investigation into the Jan. 6, 2021, Capitol riot and Trump's alleged plot to overturn the 2020 election result, argued in briefs submitted to the high court that "presidents are not above the law."
Trump's legal team conversely argued, "A denial of criminal immunity would incapacitate every future President…[t]he threat of future prosecution and imprisonment would become a political cudgel to influence the most sensitive and controversial decisions, taking away the strength, authority, and decisiveness of the Presidency."
Legal experts told Fox News Digital that while all nine justices might be skeptical of Trump's sweeping immunity claims, they are likely to give guidance on where presidential immunity from criminal prosecution ends for actions taken while in the Oval Office – which could have a profound impact in the criminal cases against the former president.
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Jonathan Turley, a practicing criminal defense attorney and professor at George Washington University, told Fox News Digital the case is "surrounded by rather steep constitutional cliffs."
"This case may be rather maddening for the justices because it is surrounded by rather steep constitutional cliffs. If the court goes one way, a president has little protection in carrying out the duties of his office. If they turned the other way, he has a little accountability for the most