Amarica’s Constitution-04/10/24-Immunity Therapy

Is the president immune from crimes he commits as president? Trump says yes. We take a close look, both originalist and precedential. Former President Trump is making an extraordinary claim to the Supreme Court: that he is immune from criminal prosecution for crimes he may have committed while president. The Court has agreed to hear arguments on this proposition on April 25. We begin the preparation by posing the questions and taking them on. Professor Amar is an expert on Presidential immunities. Our analysis goes through originalism as well as precedent. This and subsequent episodes form an oral amicus brief of sorts – another “master class,” if you will. We also take a listener’s question seriously as we address the Comstock Act and related issues.