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WASHINGTON, DC – Justice Samuel Alito sparred with a government lawyer Thursday during oral arguments in which a majority of Supreme Court justiceswith former President Donald Trump’s attorneys’ arguments that a president does enjoy some level of immunity that endures past the term of office.
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 are applicable to everybody must be interpreted differently under some circumstances when they are applied to a former president.” Alito questioned Dreeben’s assertion that courts would avoid prosecuting former presidents as well as if that protection was truly a protection at all:
If it’s just a form of special protection, in other words, statutes will be interpreted differently as applied to a former president, then that is something that has to be litigated at trial. The former president can make a motion to dismiss and may cite OLC opinions, and the district court may say: Well, that’s fine, I’m not bound by OLC and I interpret it differently, so let’s go to trial.
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