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Thought Exercise for SCOTUS on Presidential Total Immunity [1]

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Date: 2024-02-29  

The Supreme Court elected to “fast track” a hearing of oral arguments related to Donald Trump’s claim of total immunity from prosecution for criminal acts by scheduling the initial hearing the first week in April. Here is a thought exercise for the Justices. Suppose the White House Press Secretary were to announce this week that President Biden has decided to arrest Justice Clarence Thomas and Donald Trump next week and confine both of them to Guantanamo Bay. President Biden had determined that they were both corrupt and participated in Sedition and Insurrection against the United States. President Biden acknowledged that he had been advised by the White House Council that arresting and imprisoning them was illegal and unconstitutional but he decided that he had complete and total immunity from prosecution because he had determined that the decision and actions were part of his duties as President. The fact that the actions might also help his presidential campaign are not relevant, because again, he has complete and total immunity as President. How long do you think it would take the Supreme Court to schedule a hearing? Four weeks?

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