America First Legal Files Brief in Support of Presidential Immunity for Donald J. Trump on Behalf of Senator Roger Marshall and 26 Members of Congress

WASHINGTON, D.C. – Yesterday, America First Legal (AFL) filed an amicus brief in the Supreme Court of the United States in Trump v. United States on behalf of U.S. Senator Roger Marshall and 26 members of Congress in support of Presidential immunity for former President Donald J. Trump. 

President Trump has been subjected to an unprecedented and unparalleled political prosecution in multiple jurisdictions across the country, including by the federal government, for official acts during his presidency. AFL’s brief argues that the United States Constitution provides, by both its structure and text, only two means for holding a President accountable for official acts: through the voters or by impeachment. Although there are occasions when a former President may be subject to a court’s jurisdiction, the Constitution requires Congress to convict the President after impeachment before courts have jurisdiction over those acts. 

Congress did not convict President Trump for matters arising from official acts. Therefore, AFL argues that the D.C. Circuit erred by denying former President Trump presidential immunity.

“Only after impeachment and removal does the third option, criminal prosecution, become available. There is no shortcut. A robust, independent executive, checked first by the people and second by their representatives, provided security while allowing a strong presidency that would enable the nation to flourish. The alternative—where a current or former President could be subject to criminal prosecution by either his subordinates (for a current President subject to federal charges), his successor and likely opponent’s subordinates (for a former President subject to federal charges), or local prosecutors subject to parochial interests (for state charges)—intolerably undermines the Constitution’s only true nationwide office. The court of appeals erred in holding otherwise.”

America First Legal is proud to represent the following members of Congress from the U.S. Senate and U.S. House of Representatives: Senator Roger Marshall, M.D. and Representatives Jim Banks, Lauren Boebert, Eric Burlison, Eli Crane, Byron Donalds, Brad Finstad, Michelle Fischbach, Chuck Fleischmann, Bob Good, Lance Gooden, Paul A. Gosar D.D.S, Marjorie Taylor Greene, Diana Harshbarger, Wesley Hunt, Mike Kelly, Anna Paulina Luna, Lisa McClain, Mary Miller, Barry Moore, Andy Ogles, John Rose, Keith Self, Glenn “GT” Thompson, William Timmons, Andrew S. Clyde, and Ronny Jackson.

Statement from Gene Hamilton, America First Legal Executive Director: 

“Liberal activists, including in the Department of Justice, have adopted an untenable, un-American position in their zealous pursuit of President Trump–willing to cast aside the Constitution and its careful construction in favor of anything that results in his personal destruction. The Constitution’s design and structure are clear–removal from office after conviction in the Senate on impeachment charges is the necessary prerequisite for any criminal liability. In this case, even though President Trump was acquitted, these ideologues have subjected him to a costly and destructive process, and setting the stage for future harassment and persecution of all future presidents. True justice must prevail, and the Supreme Court should rule in President Trump’s favor,“ said Gene Hamilton.

Read the brief here.

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