"[P]residents may be prosecuted criminally, at least after they leave office,” Justice Lewis Powell Jr. wrote in a draft opinion that did not make the final cut in "Nixon v. Fitzgerald."
April 11, 2024 at 11:32 PM
14 minute read
In their quest to secure criminal immunity for former President Donald Trump, his lawyers have homed in on a 42-year-old U.S. Supreme Court decision they say shores up their case.
That 1982 decision in Nixon v. Fitzgerald is at the center of their effort to defeat charges brought by Special Counsel Jack Smith that Trump engaged in a criminal conspiracy to overturn the 2020 election results.
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A passage from Justice William Rehnquist’s March 18, 1982, memo urging Justice Lewis Powell Jr. to remove language about prosecuting presidents from his draft opinion. Source: The Burger Court Opinion Writing Database
