Trump's lawyer: It would depend on the circumstances.. if that was an official act (Yes.. he's answering the question: "What if the President orders the military to stage a coup?")
Justice Kagan: The framers of the Constitution *knew* how to write an immunity clause, if they'd wanted to The founding fathers were overcoming the tyranny of a British monarch at the time
Justice Gorsuch asks about the prospect of President pardoning himself Gorsuch notes how such a scenario has never been presented to the court
Trump's lawyer acknowledges that the legality of a President pardoning himself has never been tested, in response to Justice Gorsuch
A Trump-appointed Supreme Court Justice (Gorsuch) and Trump's attorney (Sauer) just did a round of hypothesizing about a future President pardoning himself Both emphasize that such a prospect is untested and uncertain
Justice Barrett to Trump lawyer: How can you argue that a President *can* be prosecuted after impeachment, if he's immune for such acts? (Similar arguments were conducted of Trump's lawyer at DC appeals court in this case in January)
Justice Barrett was asking why impeachment is first needed to prosecute a President... when it's unnecessary for prosecution of other officials who can be impeached
Justice Ketanji Brown Jackson: "There are lots of people who make life or death decisions... and they have to follow the law" Jackson is zeroing in ... about why Trump would need special protection previous Presidents haven't enjoyed
!! Fundamental statement from Justice Jackson about today's historic arguments: "Wouldn't there be a significant risk that a future President would be emboldened to commit a crime?" She says there's a "worse problem than a President being restrained"
Justice Jackson painted an ominous picture of a future lawless President emboldened by immunity Trump's lawyer wraps. Time now for the arguments from Special Counsel Jack Smith's representative: Michael Dreeben
Special Counsel attorney Michael Dreeben begins by noting how Founding Fathers were concerned about tyranny and overreach of a monarch
First question for Dreeben is from Clarence Thomas: "Are you saying there's no immunity for official acts?" Dreeben: "The President as head of the Article II branch can assert Article II objections to criminal laws... that prevent the President from conducting his Constitutionally-assigned functions" Dreeben says Trump is asking for "broad blanket immunity"