During oral arguments at the Supreme Court regarding former President Donald Trump’s immunity for his actions in the 2020 presidential election, his lawyer presented a startling argument: that a U.S. president could potentially order a military coup without facing consequences.
Justice Elena Kagan raised a hypothetical scenario where a president orders a coup, questioning if this would be considered an official act. Trump’s lawyer, John Sauer, responded that it would depend on the circumstances and suggested that impeachment and conviction would be necessary before pursuing criminal charges.
In another exchange, Justice Sonia Sotomayor asked about a hypothetical scenario involving a president ordering a political assassination. Sauer asserted that such an action could be considered an official act.
Sauer also defended the notion that a president could orchestrate a fake slate of electors to overturn an election, despite recent criminal charges in several states related to this tactic.
Justice Ketanji Brown Jackson and Sotomayor challenged Sauer’s arguments, with Sotomayor highlighting the inconsistency in claiming immunity based on an alleged improper purpose.
Trump’s appeal to the Supreme Court has already caused delays in his election interference case in Washington, D.C. Depending on the court’s ruling, this case, which is among Trump’s most serious legal challenges, could be further delayed or potentially rendered irrelevant.