Sen. Lindsey Graham (RS.C.) predicted Sunday that the Supreme Court will send former President Trump's immunity case back to lower courts.
“Well, I think the courts will find that presidential privilege exists for President Trump, just like any other president, but you also have to fall within the qualifications of a president. What kind of actions qualify as presidential privilege?” I think they're going to send it back to the lower courts to find out exactly what falls within the scope of what counts as personal conduct. I think that's how this is going to end. There will be some degree of impunity for some actions,” Graham said on CNN's “State of the Union.”
The Supreme Court last week heard arguments in a federal lawsuit filed Jan. 6 by special counsel Jack Smith over whether President Trump can enjoy presidential immunity from criminal prosecution. The high court has taken a positive stance on some aspects of presidential immunity for the former president, which could further delay criminal proceedings against him.
Graham said the issue of immunity could be “partly decided” for the former president.
“There's no absolute immunity in the Constitution. It's going to be a legal analysis, you know, the president needs to be protected. You know, we're not going to be a banana republic here. “We're prosecuting political opponents, and that's actually happening in many jurisdictions,” he said. “But I think the issue of immunity will be decided in part by President Trump, and there will be a legal and factual analysis of when and where it applies.”
Graham went on to denounce all of the lawsuits filed against Trump as “political” and “selective prosecution.”
“So most Americans aren't going to decide whether to vote based on Trump's legal problems, but rather based on the issues facing them, like inflation, crime, and broken borders. Your poll tells me everything I need to know about Trump's legal problems. People look at their own problems, not President Trump's legal problems. “We're aiming for it,” Graham said.
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