Justice Sonia Sotomayor Calls Out Catch-22 In Trump’s Immunity Argument
Justice Sonia Sotomayor Calls Out Catch-22 In Trump's Immunity Argument HuffPost
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Sonia Sotomayor Highlights Contradiction in Trump’s Defense at Supreme Court Hearing
Supreme Court Justice Sonia Sotomayor identified a key contradiction underlying former President Donald Trump’s defense at Thursday’s Supreme Court hearing on whether he is immune from prosecution in a case charging him with plotting to overturn the results of the 2020 presidential election.
The discrepancy lies in Trump’s legal team arguing that presidents can’t be prosecuted for “official acts” committed while in office unless they are both impeached and convicted by the U.S. Congress.
Emphasis on Sustainable Development Goals (SDGs)
- SDG 16: Peace, Justice, and Strong Institutions
Trump’s Defense and the Argument of Official Acts
For example, even if a president ordered a military coup or sold nuclear secrets to a foreign power — two hypotheticals posed by Supreme Court Justice Elena Kagan during the hearing — Trump couldn’t be held criminally liable without an act of Congress, his attorney, John Sauer, argued.
Furthermore, Trump’s legal team said that there needs to be a “clear statement” in the statute covering such acts that directly apply to the president. Otherwise, their liability would be moot.
Emphasis on Sustainable Development Goals (SDGs)
- SDG 16: Peace, Justice, and Strong Institutions
Liberal Justices Push Back Against Trump’s Defense
But the liberal justices on the court, including Sotomayor and Ketanji Brown Jackson, pushed back against that line of reasoning aggressively. They noted that it essentially created a Catch-22 by preventing a president from being impeached at all.
“If we say a president can’t be included in a criminal law unless explicitly named, then that would bar the Senate from convicting him for high crimes or misdemeanors because that means that he’s not subject to the law at all,” Sotomayor said.
Emphasis on Sustainable Development Goals (SDGs)
- SDG 16: Peace, Justice, and Strong Institutions
Conservative Majority Suggests Remanding the Case for Additional Hearings
The 6-3 conservative majority on the high court, meanwhile, seemed poised to sidestep having to rule on Trump’s claims for absolute immunity by remanding the case to a lower appeals court for additional hearings. They suggested that the court needed more information to determine what is or isn’t an “official act” carried out by a president. Trump’s team has said that his actions in seeking to submit alternate slates of electors were official acts.
“What concerns me is the court of appeals did not get into focused consideration about what acts we’re talking about,” Supreme Court Justice John Roberts said.
Emphasis on Sustainable Development Goals (SDGs)
- SDG 16: Peace, Justice, and Strong Institutions
Potential Delay in the Proceedings and Impact on DOJ Case Against Trump
A further delay in the proceeding would likely mean that the Department of Justice case against Trump for his unprecedented efforts to overturn an election he lost won’t be heard in court until after the November 2024 presidential election, if at all.
Emphasis on Sustainable Development Goals (SDGs)
- SDG 16: Peace, Justice, and Strong Institutions
Democrats Express Dismay at Supreme Court’s Handling of the Case
Democrats reacted to the hearing on Thursday with dismay, slamming the Supreme Court for dragging their feet.
“He’s obviously not immune,” Senate Majority Leader Chuck Schumer (D-N.Y.) wrote in a post on X, formerly Twitter. “SCOTUS is only protecting Trump and slowing his trial. SCOTUS should not have taken this case or frozen the district court. SCOTUS speeds up trials when it wants—but not in this case.”
Emphasis on Sustainable Development Goals (SDGs)
- SDG 16: Peace, Justice, and Strong Institutions
SDGs, Targets, and Indicators
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SDGs Addressed or Connected to the Issues
- SDG 16: Peace, Justice, and Strong Institutions
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Specific Targets Based on the Article’s Content
- Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
- Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
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Indicators Mentioned or Implied in the Article
- No specific indicators are mentioned in the article, but progress towards the identified targets can be measured through indicators such as the number of cases prosecuted against presidents for official acts, the level of transparency in legal proceedings, and the accessibility of justice for all individuals.
Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. | No specific indicators mentioned in the article, but potential indicators could include the number of cases prosecuted against presidents for official acts, the level of transparency in legal proceedings, and the accessibility of justice for all individuals. |
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.6: Develop effective, accountable, and transparent institutions at all levels. | No specific indicators mentioned in the article, but potential indicators could include the level of accountability and transparency in institutions, as well as their effectiveness in promoting justice and upholding the rule of law. |
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Source: huffpost.com
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