Donald Trump‘s attorneys warned in a brief filed with the Supreme Court on Tuesday that prosecuting the former president for actions he took while he was in office would be used as “de facto blackmail” against future presidents.
The argument came as part of the broader case Trump’s attorneys presented to the Supreme Court that special counsel Jack Smith‘s election interference case against the former president should be dismissed on presidential immunity grounds.
“The President cannot function, and the Presidency itself cannot retain its vital independence, if the President faces criminal prosecution for official acts once he leaves office,” Trump’s attorneys wrote.
The Supreme Court is weighing whether the Constitution has a built-in immunity provision that protects Trump from being criminally charged for allegedly illegally attempting to overturn the 2020 election and conspiring to
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