Mitch McConnell Says Former Presidents Are 'Not Immune' From ...

10 days ago

Forbes

Topline

Senate Minority Leader Mitch McConnell, R-Ky., said on “Meet the Press” on Thursday that he stands by his previous comments that “former presidents are not immune from being [held] accountable”—on the same day the Supreme Court heard arguments on whether former President Donald Trump has presidential immunity in his election interference case.

“President Trump is still liable for everything he did while he was in office,” Senate Minority ... [+] Leader Mitch McConnell, R-Ky., told NBC’s Kristin Welker on Thursday.

Getty Images Key Facts

McConnell told NBC’s Kristin Welker on Thursday that he stood by a comment he made shortly after Jan. 6 that “President Trump is still liable for everything he did while he was in office … He didn’t get away with anything, yet,” NBC reported.

McConnell—who endorsed Trump last month despite having a long-running feud with the former president—cushioned his comments, saying it’s only his view of the situation and “the court is going to decide.”

In 2021, after Trump was impeached by the House and acquitted by the Senate, McConnell said “Trump is practically and morally responsible for provoking the events of the day,” referring to the Jan. 6 attack on the Capitol, but that he voted to acquit because he didn’t believe Trump was “constitutionally eligible for conviction,” NPR reported.

News Peg

The Supreme Court on Thursday heard arguments regarding Trump’s claim of “presidential immunity” in the federal criminal charges against him for trying to overthrow the 2020 election. D. John Sauer, the attorney for Trump—who was not present because he was at his New York trial for his hush money case—argued presidents have sweeping immunity from criminal prosecution for official acts in office. When asked by Justice Sonia Sotomayor whether that would include immunity for things including ordering the military to assassinate a political rival, Sauer said it would depend on the circumstances. The Justice Department and Special Counsel Jack Smith, on the other hand, argued a president doesn’t have a “general right to violate” laws and that Trump’s arguments were “unfounded.” Though there was no clear consensus after the arguments, the court suggested it could delay Trump’s federal trial further while considering whether he has presidential immunity.

Key Background

Trump has been arguing he has presidential immunity in both his criminal and civil trials for months, though no court has accepted the claim. After district and appeals judges in the federal election interference case brought by Smith rejected his immunity argument, Trump asked the Supreme Court to hear arguments and it agreed in late February. There is no precedent for whether former presidents can face criminal prosecution for things they did while in office. In the federal election interference case, Trump faces four felony charges for conspiracy to defraud the U.S., obstruction and conspiracy to obstruct an official proceeding and conspiracy against rights. Trump has pleaded not guilty and has said the case—along with others he is facing—are politically motivated acts of election interference meant to hurt his presidential campaign.