Trump’s lawyers argue a president can escape crimes if Congress doesn’t find out: Supreme Court case

Former President Donald Trump’s legal team made a bold argument before the US Supreme Court on Thursday, claiming that a president can evade criminal prosecution as long as they keep their actions hidden from Congress and avoid impeachment. Trump’s lawyer, John Sauer, asserted that if a president leaves office before facing impeachment and conviction, they should be immune from criminal charges.

This argument comes as Trump faces an indictment from Justice Department Special Counsel Jack Smith, accusing him of obstructing Congress in an attempt to overturn the results of the 2020 election. Trump is hoping for a ruling from the Supreme Court that would dismiss the indictment and establish broad legal immunity for former presidents.

During the oral arguments, Justice Amy Coney Barrett raised the question of what would happen if potential criminal conduct by a president is only discovered after they have left office, and there was no opportunity for impeachment. Sauer argued that the framers of the Constitution accepted the risk of under-enforcement and designed the system to require impeachment as a prerequisite for criminal prosecution.

Trump was impeached twice during his presidency, but the Senate failed to convict him both times. The indictment against him was not brought until more than two years after he left office, with some of the alleged conduct not fully known during his presidency.

The outcome of this case could have significant implications for the accountability of former presidents and the limits of presidential immunity. The Supreme Court’s decision will be eagerly awaited by both Trump’s supporters and critics alike.