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“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox
“No Superior But God”: History, Post Presidential Immunity, And The Intent Of The Framers, Trace M. Maddox
Washington and Lee Law Review Online
This essay is directly responsive to one of the most pressing issues currently before the courts of the United States: the question of whether former Presidents enjoy immunity from criminal prosecution for acts they committed in office. Building upon the recent ruling of the United States Court of Appeals for the D.C. Circuit in United States v. Trump, 91 F.4th 1173 (D.C. Cir. 2024) this essay argues that the clear answer to that question is a resounding “no”.
Former President Trump, who has now appealed the D.C. Circuit’s ruling to the Supreme Court, contends that post-presidential criminal immunity is …