Amicus Brief in Support of President Trump in Overreaching Indictment
Our amicus brief in Trump v. United States urged the Supreme Court to affirm that a President cannot be criminally prosecuted for official acts performed while in office. The brief highlighted how the overreaching indictment in this case burdened the fundamental values underlying the First Amendment and infringed upon the President’s constitutionally protected right to engage in political speech. The President’s communications and actions related to the 2020 election were part of his official duties and political speech—both protected under Article II and the First Amendment. As a result, we urged the Court to apply the doctrine of constitutional avoidance by interpreting the criminal statutes narrowly to exclude the President’s official conduct, warning that failure to do so would chill future presidents from faithfully executing their duties and set a dangerous precedent for partisan prosecutions. We were pleased that in the end, the Supreme Court reached a 6-3 decision for Trump, stating that a former U.S. President has absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority, at least presumptive immunity from prosecution for all his official acts, and no immunity for unofficial acts. [ AMICUS BRIEF ]