Former AG John Ashcroft and Constitutional Coalition File Brief with US Supreme Court on Presidential Immunity
The Constitutional Coalition and former Attorney General John Ashcroft filed an amicus curiae (Friend of the Court) in the United States Supreme Court in the case United States v. Trump. The appeal to the Supreme Court concerns the question of presidential immunity. More specifically, whether a subsequent president may criminally prosecute his (or her) predecessor, and current political rival, for official acts the previous president took while in office. This amicus brief was not filed on behalf of either party – Special Counsel Jack Smith (hired by Attorney General Merrick Garland to prosecute former President Trump) nor on behalf of former President Trump. Rather, this amicus brief was filed to defend the constitutional principle that a President of the United States, as the Nation’s chief executive, must have immunity from criminal prosecution for those official acts the President takes during the President’s term in office. Otherwise, the President’s fear of a subsequent political rival bringing a criminal prosecution after the President leaves office will impair the President’s ability to make those decisions necessary to protect our national interest and discharge the duties of the office of Chief Executive.