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SCOTUS Decision on Presidential Immunity — An MWEG Interview With Expert Benjamin Wittes
Jessica Larson, MWEG’s senior director of advocacy, recently interviewed Benjamin Wittes, editor in chief of Lawfare and senior fellow in governance studies at the Brookings Institution, about the recent Supreme Court decision on presidential immunity. Below is a summary of that conversation as well as the full video interview. On July 1, 2024, the Supreme Court ruled on presidential immunity in response to former President Trump’s federal indictment. The decision is a historic expansion of presidential immunity, leaving the lower courts with a lot to still determine. Since 1984, the president has had immunity from civil suits for official acts while in office. We have never had a president who…
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Returning to the Supreme Court: Trump v. Vance and Questions of Presidential Immunity
In July, the Supreme Court issued a decision — Trump v. Vance — on the topic of presidential immunity. In it, a 7-2 vote by the Supreme Court affirmed the long-recognized principle that a sitting president is not above the law but is subject to investigation for criminal conduct and the demand for subpoenas in such an investigation. The Court did leave open the possibility of contesting the subpoenas on more specific terms, which President Trump has done. A lower court ruling was issued on this on October 6, 2020, and the case may return to the Supreme Court. This article will provide a summary of the Supreme Court opinions…
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Constitutional Literacy: Supreme Court Cases on Presidential Immunity
On Tuesday, May 12, 2020, the Supreme Court heard arguments for three related cases regarding the release of President Trump’s financial records, including tax returns. In the short-term, these cases will decide whether third parties who hold Trump’s financial records are required to release them to investigators in response to congressional and grand jury subpoenas. In the longer-term, these cases will define the contours of presidential immunity from congressional and criminal investigation. In reading about these cases and considering the rulings when they come out, it is important to remember that when deciding constitutional cases, the Supreme Court must consider not only the specific facts of the case presented —…
