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The Lawfare Podcast

Lawfare Daily: Presidential Immunity at the Supreme Court

Apr 26, 2024
Lawfare Senior Editors Quinta Jurecic, Roger Parloff, and Alan Rosenstein discuss whether former President Trump is immune from prosecution for his alleged efforts to overturn the 2020 election. They analyze the complexities of presidential immunity at the Supreme Court, judicial perspectives on the issue, and the challenges of determining official acts in legal proceedings.
53:21

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Quick takeaways

  • Determining presidential immunity hinges on distinguishing between official acts and personal conduct.
  • Examining the Clear Statement Rule's application in cases involving former presidents reveals challenges and implications.

Deep dives

The Dynamic Discussion on Presidential Immunity

The discussion delves into the complexities of determining whether a former president is immune from prosecution, focusing on the distinction between official acts and personal conduct. The podcast explores the DC Circuit's analysis of Trump's actions as a candidate versus a sitting president, highlighting the challenges of defining immunity based on official versus personal behavior.

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