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Among the bold claims in the motion filed last week by former President Donald J. Trump seeking to dismiss the federal indictment accusing him of conspiring to undermine the 2020 election, there was a significant concession. The key Supreme Court precedent the motion relied on for claiming “absolute immunity” from criminal prosecution, his lawyers acknowledged, did not address criminal prosecutions.
The motion cited the 1982 precedent, Nixon v. Fitzgerald, at least 40 times over 52 pages. But that decision merely held that a former president is immune from lawsuits in civil cases — ones from private litigants seeking money — and then only if the suits concerned conduct “within the ‘outer perimeter’ of his official responsibility.”
https://www.nytimes.com/2023/10/12/us/politics/trump-immunity-supreme-court.html
The motion cited the 1982 precedent, Nixon v. Fitzgerald, at least 40 times over 52 pages. But that decision merely held that a former president is immune from lawsuits in civil cases — ones from private litigants seeking money — and then only if the suits concerned conduct “within the ‘outer perimeter’ of his official responsibility.”
https://www.nytimes.com/2023/10/12/us/politics/trump-immunity-supreme-court.html