In a Monday interview with Newsmax, retired New Jersey Superior Court Judge Andrew Napolitano, now a senior judicial analyst, provided insights into the ongoing legal battle regarding former President Donald Trump's claim of immunity from prosecution.
The senior judicial analyst's remarks come amidst signals from the Supreme Court suggesting potential protection for presidents against certain criminal charges related to their official actions, a position echoed by Sen. Lindsey Graham, R-S.C.
"I think they'll send it back to the lower courts to find out exactly what actions fall within presidential immunity and what are considered personal," Graham said recently on CNN's "State of the Union," adding that there is no such thing as "absolute immunity" in the U.S. Constitution, Axios reported.
Napolitano, discussing the recent Supreme Court oral arguments, stated on "Carl Higbie FRONTLINE," "I think Senator [Lindsey] Graham is correct... a majority of the court is going to find that on core presidential behavior authorities given to him under the Constitution, however he chooses to exercise those authorities, is immune from criminal prosecution." He added that while Trump may enjoy immunity for official government acts, personal actions with criminal implications could subject him to trial by jury.
Regarding the likelihood of a subsequent indictment or an obstruction charge in the Jan. 6 case, if the first case is dismissed, Napolitano remarked, "I'd be surprised if they come down with another indictment, and there is no obstruction charge on the Jan. 6 case." He suggested that the government's strategy of framing Trump's actions as personal behavior for personal gain might not withstand scrutiny in court.
"A lot of this is frivolous, Napolitano said. And I believe from all my experience in the courtroom, juries can see through frivolity. The government will suffer for bringing arguments that are frivolous."
The Supreme Court's conservative justices, holding a 6-3 majority, signaled support for providing presidents with some level of protection from criminal charges related to their official duties during oral arguments Thursday, Reuters reported.
The specifics of such immunity remained unclear following arguments exploring the boundaries of presidential powers. However, conservative justices expressed concern about the potential consequences of denying presidents any degree of immunity, particularly for less severe actions taken in office. The court's deliberations indicate a nuanced approach to balancing presidential authority with accountability under the law.
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