Trump Lawyer Claims President Has Right to Order a Rival’s Assassination

The high court case centers on presidential immunity

Donald Trump
Former President Donald Trump is on trial in New York. Curtis Means-Pool/Getty Images

A lawyer for Donald Trump argued during a Supreme Court hearing that a president could order a political rival to be assassinated and not face prosecution, as Justices debate over the former president's immunity claim.

It came during an exchange Thursday morning between Justice Sonia Sotomayor and Trump lawyer John Sauer, Mediaite reported.

Sotomayor asked, "If the president decides that his rival is a corrupt person and he orders the military or order someone to assassinate him, is that within his official acts that for which he can get immunity?"

Sauer replied, "It would depend on the hypothetical. What we can see that could well be an official act."

Justice Samuel Alito said he considered it "implausible" that a president could legally order Navy SEAL Team Six to order the assassination of a political rival, the Associated Press reported.

The Supreme Court has been hearing oral arguments over whether Trump is immune from prosecution in a federal case that accused him of plotting to overturn the results of the 2020 presidential election.

Trump has argued for absolute immunity as a defense.

An attorney for special counsel Jack Smith fired back on the immunity claim.

"Such presidential immunity has no foundation in the constitution," Michael Dreeben said.

Justices noted the importance of the decision they face.

Justice Neil Gorsuch said, "We are writing a rule for the ages."

Justice Neil Gorsuch suggested that if presidents fear they could be prosecuted after they leave office they could begin preemptively pardoning themselves.

"We've never answered whether a president can do that. And happily, it's never been presented to us," he said.

Tags
Donald Trump, U.S. Supreme Court, President
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