What to listen for during Supreme Court arguments on Donald Trump and presidential immunity (2024)

WASHINGTON – The Supreme Court hears arguments Thursday over whether Donald Trump is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election.

It's a historic day for the court, with the justices having an opportunity to decide once and for all whether former presidents can be prosecuted for official acts they take while in the White House.

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But between a decades-old court case about Richard Nixon, and an obscure constitutional provision about presidential impeachments, there are likely to be some unfamiliar concepts and terms thrown about.

Here are some tips to help follow everything:

WHEN DOES THE SESSION START?

The court marshal will bang the gavel at 10 a.m. EDT and Chief Justice John Roberts will announce the start of arguments in Donald J. Trump vs. United States of America, as the case is called.

The session easily could last two hours or more.

WHERE DO I FIND THE LIVESTREAM?

There are no cameras in the courtroom, but since the pandemic the court has livestreamed its argument sessions. Listen live on apnews.com/live/trump-supreme-court-arguments-updates or the court’s website at supremecourt.gov. C-SPAN also will carry the arguments at c-span.org.

IMPEACHMENT CLAUSE

Expect to hear talk about the impeachment process and the relationship, if any, to criminal prosecution.

Central to Trump's immunity argument is the claim that only a former president who was impeached and convicted by the Senate can be criminally prosecuted. Trump was impeached over his efforts to undo the election in the run-up to the violent riot at the U.S. Capitol on Jan. 6, 2021. But he was acquitted, not convicted, by the Senate in 2021.

Trump's lawyers cite as backup for their argument a provision of the Constitution known as the Impeachment Judgment Clause that says an officeholder convicted by the Senate shall nevertheless be “liable and subject to indictment, trial, judgment and punishment” in court.

Prosecutors say the Trump team is misreading the clause and that conviction in the Senate is not a prerequisite for a courtroom prosecution.

WAIT, WHAT'S THIS ABOUT RICHARD NIXON?

There's going to be plentiful discussion about Nixon but not necessarily for the reasons one might think.

Trump's team has repeatedly drawn attention to a 1982 case, Nixon v. Fitzgerald, in which the Supreme Court held that a former president cannot be sued in civil cases for their actions while in office. The case concerned the firing of an Air Force analyst, A. Ernest Fitzgerald, who testified before Congress about cost overruns in the production of a transport plane.

Fitzgerald's lawsuit against Nixon, president at the time of the 1970 termination, was unsuccessful, with Justice Lewis Powell writing for the court that presidents are entitled to absolute immunity from civil lawsuits for acts that fall within the “outer perimeter” of their official duties.

Importantly, that decision did not shield presidents from criminal liability, though Trump's team says the same analysis should apply.

Special counsel Jack Smith's team is also likely to bring up a separate Supreme Court decision involving Nixon that they say bolsters their case — a 1974 opinion that forced the president to turn over incriminating White House tapes for use in the prosecutions of his top aides.

Prosecutors have also noted that Nixon accepted rather than declined a subsequent pardon from President Gerald Ford — a recognition by the men, they say, “that a former President was subject to prosecution.”

DRONE STRIKES AND SEAL TEAM SIX

The justices are known to love presenting hypothetical scenarios to lawyers as a way of testing the outer limits of their arguments. Expect that practice to be on full display Thursday as the court assesses whether former presidents are entitled to absolute immunity.

Already, Trump's lawyers have warned that if the prosecution is permitted to go forward, it would open the floodgates to criminal charges against other presidents, such as for authorizing a drone strike that kills a U.S. citizen or for giving false information to Congress that leads the country into war.

In a memorable moment during arguments in January before a federal appeals court, a judge asked a Trump lawyer whether a president who ordered a Navy SEAL to assassinate a political rival could be prosecuted.

Look for Smith's team to try to draw a sharp distinction between acts that it says are quintessential exercises of presidential power — such as ordering a drone strike during war — to the acts that Trump is accused of in this case, such as participating in a scheme to organize fake electors in battleground states. Those acts, prosecutors say, are personal acts and not presidential ones.

___

Associated Press writer Mark Sherman contributed to this report.

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

What to listen for during Supreme Court arguments on Donald Trump and presidential immunity (2024)

FAQs

What to listen for during Supreme Court arguments on Donald Trump and presidential immunity? ›

Expect to hear talk about the impeachment process and the relationship, if any, to criminal prosecution. Central to Trump's immunity

immunity
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases.
https://en.wikipedia.org › wiki › Legal_immunity
argument is the claim that only a former president who was impeached and convicted by the Senate can be criminally prosecuted.

How to listen to Trump's Supreme Court hearing? ›

How To Listen To Donald Trump's Immunity Case at the Supreme...
  1. LIVE AUDIO: The Supreme Court of the United States.
  2. LINK: Live Audio from the Supreme Court (10 a.m. EDT, Thursday,4/25/2024)
  3. LIVE AUDIO: C-SPAN and C-SPAN.ORG.
  4. Link: C-SPAN Online.
  5. LIVE AUDIO: PBS.
  6. The Supreme Court Docket.
Apr 22, 2024

Are Supreme Court arguments televised? ›

The Supreme Court of California provides live and archived webcasts of Oral Arguments held throughout the year.

How do I listen to Supreme Court oral arguments? ›

The public may either download the audio files or listen to the recordings on the Court's website. The audio recordings are listed by case name, docket number, and the date of oral argument.

What is the argument for presidential immunity? ›

In 1973, amid the Watergate scandal, the Department of Justice's Office of Legal Counsel (OLC) issued a memorandum concluding that it is unconstitutional to prosecute a sitting president. Its arguments include that the president "is the symbolic head of the Nation.

Where to read Supreme Court opinions? ›

As a further service to the public, both Supreme Court and Court of Appeal opinions are posted at the time of filing to the California Courts Web site at https://www.courts.ca.gov/.

Who speaks during oral arguments? ›

During oral argument, all parties who filed a brief are offered a limited amount of time to speak directly to the Court of Appeal justices before they decide the appeal. Oral argument is an opportunity for the parties to make sure the court understands the most important issues of an appeal.

Why are Supreme Court cases not televised? ›

Opponents also believe that television coverage would also take away from the mystery of the court and cause the public to misinterpret the Court and its processes. Scholars have also debated the constitutionality of legislatively requiring the televising of Supreme Court proceedings.

How do I find US Supreme Court decisions? ›

If the case has been decided by an opinion of the Court, click on the "Recent Decisions" button at the top of the home page (www.supremecourt.gov), scroll down until you find your case by date, docket number, or name on the opinions chart, then check the header at the top of odd-numbered pages of the opinion for the ...

Can the public attend Court hearings USA? ›

Access for All. A person who wishes to observe a court in session may check the court calendar online or at the courthouse and watch a proceeding. Our Constitution and court tradition give citizens right of access to court proceedings.

How do you get the Supreme Court to hear your case? ›

Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.

What is FBI V Fikre about? ›

Yonas Fikre, a U. S. citizen, brought suit alleging that the government placed him on the No Fly List unlawfully. Later, the government removed him from the list. The only question we are asked to decide is whether the government's action suffices to render Mr. Fikre's claims moot.

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