DOJ Plays Both Sides on Presidential Power in Pursuit of Trump
Wednesday, 04 September 2024 07:10 AM EDT
U.S. prosecutors pushing ahead with their case against Donald Trump for contesting the 2020 election are also being careful to avoid staking out positions that could limit the power of President Joe Biden or his successors.
The U.S. Justice Department historically has carefully protected the rights of the executive and indeed, three times during Biden's Democrat administration defended his Republican predecessor in civil lawsuits related to his conduct in office.
But as it pursues a criminal case against Trump, the department is signaling there are limits to its normally broad view of the presidential role.
A revised indictment obtained last week by special counsel Jack Smith, who is leading the prosecution, attempts to overcome a U.S. Supreme Court ruling that former presidents are largely immune from criminal prosecution for acts that are part of their official duties by arguing Trump was primarily acting as a candidate, rather than a president, when he tried to hold on to power.
Trump has previously pleaded not guilty to four charges accusing him of a multi-part conspiracy to block the collection and certification of the election results. He argues this case and others he faces are politically motivated attempts to prevent him from returning to power.
The July ruling by the 6-3 conservative majority court that includes three Trump appointees forces the Justice Department to confront questions about presidential power that have implications beyond Trump's case, according to legal experts.
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READ MORE: https://www.newsmax.com/us/justice-doj-presidential/2024/09/04/id/1178978/
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