As Donald Trump’s lawyer, D. John Sauer, tried to convince the U.S. Supreme Court that his client should have immunity from prosecution, there was a phrase the defense attorney turned to on several occasions. “A former president,” Sauer said, “has permanent criminal immunity for his official acts, unless he was first impeached and convicted” in Congress.
’s Chris Hayes was understandably exasperated by this as the oral arguments progressed. This might seem a little complicated at first glance, but it’s actually entirely straightforward: In early 2021, Trump’s lawyers said during his second impeachment trial that there was no need for the Senate to convict the former president, because the matter was better left to the judiciary.
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