5-4 cover image

Trump v. United States

5-4

NOTE

The Oddity of Criminal Immunity Determination Based on Presidential Responsibilities

The extraordinary aspect lies in the difficulty of any prosecution of a president under this framework, as it practically makes it impossible. The dissenting judge, Jackson, although not as impactful as Sotomayor, highlights the impracticalities of prosecuting a president under this legal framework. She questions the idea that a president's responsibilities determine their criminal immunity, illustrating the absurdity of granting immunity based on the method of removing executive power holders, such as the attorney general, even through extreme means like poisoning.

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