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WASHINGTON (Reuters) – Conservative U.S. Supreme Court justices signaled sympathy on Thursday to the argument that presidents have some immunity against criminal charges for certain actions taken in office as it heard arguments over Donald Trump’s claim of immunity from prosecution for trying to undo his 2020 election loss.
Some of the questions posed during the arguments probed hypothetical examples of presidential wrongdoing such as selling nuclear secrets, ordering a coup or political assassination or taking a bribe. But some of the conservative justices, who hold a 6-3 majority, voiced concern about presidents lacking any level of immunity including for less obviously egregious acts.
“We’re writing a rule for the ages,” conservative Justice Neil Gorsuch, said during the arguments.
Trump appealed after lower courts rejected his request to be shielded from four election-related criminal charges on the grounds that he was serving as president when he took the actions that led to the indictment obtained by Special Counsel Jack Smith.
Conservative Justice Samuel Alito said a president is in “a peculiarly precarious position,” as he expressed concern about presidents having to worry about being indicted.
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