Gorsuch steers Supreme Court in Trump immunity case: ‘We’re writing a rule for the ages’

Justice Neil Gorsuch on Thursday took control of the debate at the Supreme Court in a case brought by former President Donald Trump on whether he enjoys immunity from criminal prosecution.

During Thursday’s arguments over Trump’s bid to have total presidential immunity against special counsel Jack Smith‘s four-count election subversion indictment, Gorsuch suggested that former presidents like Trump must have immunity or else future presidents could be targeted for prosecution and could therefore seek to pardon themselves before leaving office.

“We’ve never answered whether a president can do that; happily, it’s never been presented to us,” Gorsuch said of whether a president can pardon himself. Gorsuch indicated that he dreads the idea of having to decide whether presidents can use such authority on themselves.

Gorsuch, Trump’s first of three appointees to the high
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