The Supreme Court is set to debate whether former President Donald Trump has immunity from criminal prosecution, with both Mr. Trump and special counsel Jack Smith citing court cases involving former President Richard Nixon to support their arguments.
Mr. Trump is pointing to the 1982 Supreme Court case Nixon v Fitzgerald to argue for immunity from prosecution on federal election interference charges. On the other hand, Mr. Smith is using the 1974 Supreme Court case United States v Nixon to argue against immunity for Mr. Trump.
The cases involving the late President Nixon offer insight into the current case involving Mr. Trump. In Nixon v Fitzgerald, the Supreme Court ruled that presidents cannot be sued for actions taken while in office. This ruling was based on a case where a former contractor for the US Air Force sued Nixon and other White House aides for damages after losing his job.
In United States v Nixon, the Supreme Court ruled that a president must comply with a criminal subpoena and that presidential privilege cannot excuse someone from the judicial process. This ruling ultimately led to Nixon’s resignation in the wake of the Watergate scandal.
Mr. Smith argues that granting immunity to Mr. Trump would go against the principle of applying criminal laws equally to all persons, including the President. He points to Nixon’s pardon by President Gerald Ford as an example of how the ruling should apply to Mr. Trump’s situation.
The debate over presidential immunity from criminal prosecution is a crucial issue that will be decided by the Supreme Court, with implications for future presidents and the rule of law in the United States.