One of the three federal appeals court judges hearing arguments on Tuesday over whether Donald Trump as president is immune from prosecution over his actions about post-2020 election challenges pressed a prosecutor with special counsel Jack Smith’s team to answer a crucial question at one point during the hearing.
As reported by The Hill, Judge Karen Henderson questioned James Pearce, a prosecutor with Smith’s team, “over how the panel’s decision could prevent a torrent of legal matters brought against former presidents.”
“How do we write an opinion that would stop the floodgates?” she asked.
Pearce went on to argue that since the Watergate scandal involving then-President Richard Nixon, there has been “widespread societal recognition” that presidents are not immune from prosecution — though Nixon resigned from office and was never prosecuted for his alleged role in the scandal.
