Fox News legal analyst Gregg Jarrett says presidents should have “absolute immunity” from criminal prosecution
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Fox News legal analyst Gregg Jarrett says presidents should have "absolute immunity" from criminal prosecution
Citation From the March 5, 2024, edition of Premiere Radio Networks' The Sean Hannity Show
GREGG JARRETT (GUEST): I think having read the circuit court decision, I think the SCOTUS justices say, "Wait a minute. You're going too far. You're dismissing any immunity even if a president is acting consistent with his duties." That's absurd, and most importantly, it's inconsistent with Nixon v. Fitzgerald, 1982 Supreme Court precedent that said presidents do have absolute immunity in civil lawsuits as long as their actions fall within the outer perimeter of official acts. Well, the same reasoning should apply to criminal prosecution.
So, I think what the Supreme Court will do is that they will remind everybody of the Nixon Fitzgerald case and extend existing immunity standard in civil actions to criminal cases, then send it back to the trial court for a finding of fact as to whether Trump's actions were consistent with his official acts.