Former President Trump’s legal team suggested Tuesday that even a president directing SEAL Team Six to kill a political opponent would be an action barred from prosecution given a former executive’s broad immunity to criminal prosecution.

The hypothetical was presented to Trump attorney John Sauer who answered with a “qualified yes” that a former president would be immune from prosecution on that matter or even on selling pardons.

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    The hypothetical was presented to Trump attorney John Sauer who answered with a “qualified yes” that a former president would be immune from prosecution on that matter or even on selling pardons.

    In the hearing that reviewed a motion from Trump’s team to toss his election interference charges, Sauer argued that presidents can only be criminally prosecuted if they have already been tried and convicted by the Senate.

    Former President Donald Trump speaks to the media at a Washington hotel, Tuesday, Jan. 9, 2024, after attending a hearing before the D.C.

    Judge Michelle Childs, a Biden appointee, noted that a president could resign rather than face impeachment, something that under the framework of Trump’s attorneys would allow them to dodge future prosecution.

    James Pearce, a lawyer with Smith’s office, forcefully pushed back against the notion that mechanisms to hold presidents accountable for criminal actions should be weakened.

    “What kind of world are we living in … if a president orders his SEAL team to murder a political rival and then resigns or is not impeached — that is not a crime?


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