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Former President Donald Trump speaks to the media following his appearance at the District Court in Washington, D.C., on Jan. 9, 2024. Jabin Botsford/The Washington Post via Getty Images

Can Trump be prosecuted? Supreme Court will take up precedent-setting case to define the limits of presidential immunity

In a case that will make legal and political history, the US Supreme Court will consider whether Donald Trump is immune from criminal prosecution for his alleged effort to undermine the 2020 election.
Donald Trump speaks after the appeals court hearing on his claim of immunity from prosecution on Jan. 9, 2024, in Washington. Jabin Botsford/The Washington Post via Getty Images

Trump was not king and can be prosecuted for crimes committed while president: Appeals court places limits on immunity

Donald Trump has claimed he is immune from prosecution for actions he took as part of his job as president. An appeals court unanimously disagreed, allowing the many prosecutions of Trump to proceed.
The indictment of Donald Trump and an aide was ‘laced with rhetorical and narrative techniques.’ Photo Illustration by Drew Angerer/Getty Images

Trump’s classified-documents indictment does more than allege crimes − it tells a compelling story

Department of Justice prosecutors could have composed a technocratic document intelligible only to other criminal law insiders when indicting Donald Trump in the documents case. They did much more.
Donald Trump may be barred from holding public office due to a constitutional amendment disqualifying those who have taken part in ‘insurrection or rebellion.’ Mike Stobe/Getty Images

Georgia indictment and post-Civil War history make it clear: Trump’s actions have already disqualified him from the presidency

US law actually bars former President Donald Trump from holding office ever again. The recent Georgia indictment of Trump helps make the case.
Fulton County Sheriff officers block off a street in front of the Fulton County Courthouse on August 14, 2023 in Atlanta, Georgia. Joe Raedle/Getty Images

Georgia’s indictment of Trump is a confirmation of states’ rights, a favorite cause of Republicans since Reagan

Donald Trump faces ‘double the trouble’ as Georgia charges were added to federal charges brought over his alleged attempts to overturn the 2020 presidential election. And that’s thanks to federalism.
As footage from the Jan. 6, 2021, insurrection at the U.S. Capitol is displayed in the background, former president Donald Trump stands while a song, Justice for All, is played during a campaign rally in Waco, Texas, in March 2023. (AP Photo/Evan Vucci)

Donald Trump’s victim rhetoric will boost his popularity following latest indictment

Donald Trump’s legal woes will nourish and strengthen his rhetorical style, and his followers will continue to be persuaded by how he makes them feel, not by reason, facts or critical thought.
Former President Donald Trump’s classified documents trial will take place at the Alto Lee Adams Sr. United States Courthouse in Fort Pierce, Florida. Joe Raedle/Getty Images

Despite calls for her to recuse herself from Trump’s criminal case, Judge Aileen Cannon’s situation doesn’t meet the standard for when a judge should step away

Trump appointed Cannon to the bench, but that alone is not a good enough reason for her to recuse herself from the case.
Special counsel Jack Smith speaks to reporters on June 9, 2023, in Washington about the investigation of Trump’s retention of classified records. AP Photo/Jose Luis Magana, File

Why Trump’s prosecution for keeping secret documents is lawful, constitutional, precedented, nonpartisan and merited

A former national security staffer, now a scholar of secrecy law, says criticisms of Trump’s federal indictment for hoarding classified documents are unfounded.
Former President Donald Trump on his airplane on June 10, 2023, two days after his federal indictment. Jabin Botsford/The Washington Post via Getty Images

‘If you want to die in jail, keep talking’ – two national security law experts discuss the special treatment for Trump and offer him some advice

If you were Trump’s lawyer, what would you advise him to do now? Two national security specialists have some words for and about the former president after his federal indictment.
Special counsel Jack Smith prepares to talk to reporters on June 9, 2023, after the indictment of former President Donald Trump. Chip Somodevilla/Getty Images

Trump indictment unsealed – a criminal law scholar explains what the charges mean, and what prosecutors will now need to prove

There are 38 felony charges against former President Donald Trump, and while it’s unlikely, he could potentially be sentenced to serve 400 years if found guilty on all of them.
Former President Donald Trump speaks at a campaign event in New Hampshire on April 27, 2023. Jabin Botsford/The Washington Post via Getty Images

Do federal or state prosecutors get to go first in trying Trump? A law professor untangles the conflict

If a person – in this case, the former president of the United States – is charged by federal and state prosecutors, or prosecutors in different states, at the same time, which case goes first?
Merrick Garland, center, announcing on Nov. 18, 2022, that he will appoint a special counsel for the Department of Justice investigation into former President Donald Trump. Anna Moneymaker/Getty Images

Special counsels, like the one leading the Department of Justice’s investigation of Trump, are intended to be independent – but they aren’t entirely

Special counsels are not entirely independent, but they do still help administrations avoid the perception of bias.

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