Selendy Gay filed an amicus brief before the U.S. Supreme Court in Trump v. United States. The Court will consider “whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
Authored by partner Temidayo Aganga-Williams, associates Adam Gould and Anna Nabutovsky, and co-counsel, the brief argues against immunity from criminal prosecution for former President Donald Trump for his alleged conduct during his tenure in office.
The brief was filed on behalf of 43 former officials who worked in numerous administrations from former Presidents Nixon to Trump; officials in the White House and Departments of Justice, Homeland Security, and Defense; former members of Congress; and others who support a strong Presidency.
The brief contends that granting Mr. Trump immunity would threaten violations of the Executive Vesting Clause and Twentieth Amendment, embolden first-term presidents to violate federal criminal statutes, nullify the separation of powers, and set the precedent for future presidents to disregard federal criminal prohibitions against using the military to overturn presidential election results. It also rejects Mr. Trump’s assertion that immunity for post-election usurpation crimes will enable improper prosecutions.
This brief follows an amicus brief authored and filed by Selendy Gay on related matters in Trump v. Anderson earlier this year.
Read the amicus brief here.