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How Much Immunity from Future Prosecution Is Due to Former Presidents?

Cato Daily Podcast

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Debating Presidential Immunity for Former Presidents in Legal Context

Presidents, including former presidents, may require some level of immunity from criminal prosecution for decisions made while in office, especially concerning sensitive matters like national security. However, the extent of this immunity is being questioned in a case involving Donald Trump's alleged criminal conduct. The argument revolves around the balance between holding presidents accountable and ensuring they can execute their constitutional duties without fear of prosecution. Despite the challenging nature of drawing a clear line on presidential immunity, it is unlikely that five Supreme Court justices would support absolute immunity for actions clearly beyond reasonable bounds, such as those related to attempting to subvert the election process. This case highlights the complexity of determining the scope of presidential immunity and its application to specific scenarios, emphasizing the need for a nuanced approach to weighing accountability and executive privilege in the legal context.

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