DOJ Claims Trump Committed Crimes While Predecessors Did Not, Appeals to SCOTUS

According to Michael Dreeben, an attorney representing Department of Justice special counsel Jack Smith, Donald Trump is the first former president facing criminal charges because his predecessors did not commit any crimes. This statement was made during Supreme Court arguments discussing Trump’s immunity from prosecution in a federal case related to the 2020 election results.

The Supreme Court is currently deliberating on whether Trump can be prosecuted for allegedly attempting to undermine the election outcome. Justice Clarence Thomas raised the question of why previous presidents had not faced criminal charges for similar activities, mentioning historical events like Operation Mongoose.

In response, Dreeben stated that the reason previous presidents were not prosecuted is that there were no crimes committed in those cases. He explained that there is a principle in criminal law called the public authority exception to liability, which applies in cases where certain actions are authorized by the government.

This case marks the first time a former president is facing criminal charges, setting a historic precedent for the Supreme Court’s involvement in such matters.