Judges can move with speed, but don’t always. Aitor Diago/Moment via Getty Images
by Donald Nieman, Binghamton University, State University of New York
When former President Donald Trump’s attorneys argue before the U.S. Supreme Court on April 25, 2024, they will claim he is immune from criminal prosecution for official actions taken during his time in the Oval Office. The claim arises from his federal charges of attempting to overturn the 2020 presidential election results, but also may apply to the charges he faces over hoarding classified documents after leaving office.
No Supreme Court has decided this question, nor has any of its rulings said definitively what counts as an official act and what does not. Numerous commentators have called on the justices to decide the case rapidly.
But to the justices, and to me as a scholar of American politics and law, perhaps no commentator is as persuasive as the Supreme Court itself – in particular, in a ruling from 50 years ago.
Back then, in a case connected to the deepening Watergate scandal, then-President Richard Nixon claimed that all of a president’s conversations during his term in office were confidential and could not be subpoenaed into evidence by...
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