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| Trump immunity hearing: Supreme Court pushes ex-president's lawyer on limits of immunity - BBC News | |
| (32 minutes later) | |
| Chief Justice John Roberts proposes to Michael Dreeben that the court may have to issue an opinion that takes into account whether prosecutors are acting in good or bad faith. | |
| He asks whether the government is arguing "a former president can be prosecuted because he is being prosecuted". | |
| Dreeben disputes this claim, saying that the case clearly invokes federal criminal law and the indictment of Donald Trump came after the allegations were presented to a grand jury. | |
| Roberts pushes back, noting that it is "easy" for prosecutors to build a case that receives a greenlight from a grand jury. He adds this happens "in some cases - I'm not suggesting that's the case here". | |
| So, he asks, "why shouldn't we either send it back to the Court of Appeals or issue an opinion making clear that's not the law?" | |
| Dreeben says there are "layered safeguards" to protect against unconstitutional and politically-driven prosecutions. | |
| "We are not endorsing a regime that we think would expose former presidents to criminal prosecution in bad faith, for political animus, without adequate evidence." | |
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