“We’re writing a rule for the ages,” he cautioned last week.
Supreme Court Justice Neil Gorsuch last week suggested in arguments that former presidents like Donald Trump should have some immunity otherwise future presidents would be targeted after leaving office.
“It didn’t matter what the president’s motives were … that’s something courts shouldn’t get engaged in … I am concerned about future uses of criminal law to target political opponents based on accusations about their motives,” the Supreme Court justice said on April 25.
Justice Gorsuch, who was appointed by President Trump, made the comment as he and the eight other justices were hearing arguments on whether the former president should be declared immune from prosecution in a election-related case that was brought by special counsel Jack Smith. The former president appealed that case, saying he should enjoy absolute immunity.
During the hearing, Justice Gorsuch suggested that future presidents could potentially pardon themselves before leaving offices if the Supreme Court doesn’t rule that presidents should enjoy at least some immunity. The justice then said he doesn’t want to have to make a decision on whether a president can use that authority.
“We’ve never answered whether a president can do that; happily, it’s