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In 'Trump v. United States,' SCOTUS Weighs Presidential Timidity Against Presidential Impunity

Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."

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SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity

SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
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Will the Supreme Court Botch Trump's Immunity Case Too?

Special counsel Jack Smith has made it as easy as possible for the justices to rule against Trump. But we’ve seen this movie before.

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Former U.S. Attorney Says Trump Immunity Decision Makes It "Easy" For Supreme Court

According to Vance, the key SCOTUS-aimed passage in the decision -- the one that straightens the arrow -- is this.

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Read the entire Trump Appeals Court ruling

Read the entire Trump Appeals Court ruling
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The Last Word With Lawrence ODonnell

concedes that a president can be criminally prosecuted under some circumstances, he says that that is true only if he is first impeached and convicted by congress. do you agree that this appeal largely boils down to whether he's correct in his interpretation of the impeachment judgment clause? that is, if he's correct, then that the impeachment judgment clause includes this impeachment first rule, then he wins? and if he's wrong, if we think the impeachment judgment clause does not contain impeachmen first oral, then he loses? >> articleone section three of the u.s. constitution says, judgment incases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, for profit under united states, but the party convicted shall nevertheless be

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The Last Word With Lawrence ODonnell

interpretation of the impeachment judgment clause? that is, if he's correct, then that the impeachment judgment clause includes this impeachment first rule, then he wins? and if he's wrong, if we think the impeachment judgment clause does not contain impeachment first oral, then he loses? >> article one section three of the u.s. constitution says, judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, for profit under united states, but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. appeals court judge michelle childs told on trump's lawyer that the impeachment clause does not explicitly say what donald trump's lawyer claimed it says. >> you're not giving me anything that says explicitly in the references that you cite. >> only the party convicted shall be subject to indictment,

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All In With Chris Hayes

by either one. >> lisa rubin, and -- first, just give me a first read on the central nutty of this argument, you have to impeach and convict first argument. as it appeared today, which i was not anticipating to be a central as it was. >> it's not the first line argument. the argument that they are making on presidential immunity starts with the overarching he's immune from everything because of the structure of the constitution and separation of powers principles. this is their second line. the impeachment judgment clause of article one of the constitution, which is really intended to be a limit on the senate, and essentially what it says is, if you impeach and convict someone of, the penalties you can impose on them are disqualification from holding office and removal from

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The Last Word With Lawrence ODonnell

impeachment judgment clause? does the impeachment judgment clause actually say what you say it says? that's all that we really need to decide. >> andrew, that's the whole case. >> absolutely. she was just laser focused. and to your point about why the defense lawyer is basically like i need to sit down, is that there were not very good arguments. i also think one area that he was asked was about president nixon. how is it the president nixon could be investigated? how did he get a pardon? everyone else thought he could be prosecuted, hence the reason for president ford pardoning him and his accepting it, which is an acknowledgment of guilt. well president nixon was being investigated for, and what he was pardoned for is only private conduct. when you and i know, if you look at what's present what president nixon did a new look

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The Last Word With Lawrence ODonnell

trump argument, comes down to nothing but the impeachment clause. let's listen to this. >> it just seems to me that if once you concede that presidents can be prosecuted under some circumstances, your separation of powers argument falls away, and the issues before us are narrowed to, are you correct in your interpretation of the impeachment judgment clause? does the impeachment judgment clause actually say what you say it says? that's all that we really need to decide. >> andrew, that's the whole case. >> absolutely. she was just laser focused. and to your point about why the defense lawyer is basically like, i need to sit down, is there were not very good arguments. i also think one area that he was asked and blew it was about president nixon. how is it the president nixon could be investigated? how did he get a pardon?

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