Amherst professor Austin Sarat discusses how Special Counsel Jack Smith’s recent filing regarding Donald Trump’s claim of presidential immunity is grounded in arguments previously made by Republican Senator Mitch McConnell. McConnell, on the Senate floor in 2021, recognized Trump’s moral and practical responsibility for the January 6 events, pointed out that impeachment is not the only avenue for accountability, and acknowledged that Trump, as a private citizen, could be subject to criminal and civil litigation for his actions while in office.
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