Trump v. United States

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A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C., U.S. Photographer: Sarah Silbiger/Bloomberg

Does a “Presumptive” Privilege Protect President Trump from Prosecution for Pressuring Pence?

Prosecuting Trump for pressuring Pence to refuse to count valid electoral ballots would be a well-founded prosecution for a serious offense.
A collage of Senate Judiciary Committee Chairman Dick Durbin (L) and Ranking Member Lindsey Graham (R) speaking during a hearing on on the recent Supreme court decision in Trump v. United States on September 25, 2024.

A Confusing Rule for the Ages: A Review of the Senate Judiciary Committee Hearing on Presidential Immunity

The Senate Judiciary Committee's presidential immunity hearing showed fault lines in reactions to the Trump v. United States decision.
The U.S. Capitol in Washington, D.C.

Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt

With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…

A Prudential Way Forward in Trump v. United States

"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity

Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
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