Penn professor files amicus brief urging rejection of Trump’s presidential immunity claims

Penn Algernon Biddle Professor of Law and professor of philosophy Claire Finkelstein has filed an amicus brief rejecting former president and 1968 Wharton graduate Donald Trump’s claims of immunity in Trump v. United States.

On April 8, Finkelstein — alongside 14 national security professionals — filed an amicus brief urging the Supreme Court to consider the “exceedingly dangerous” implications of presidential immunity that Trump is calling for. The amicus examines Trump’s desire for blanket immunity, which would put a president above the law in any manner presented, including private or official capacity crimes committed while in office. 

According to the University of Michigan Law Library, an amicus brief is "advice formally offered to the court by an entity interested in, but not a party to, the case."

Finkelstein is the founder and faculty director of the Center for Ethics and the Rule of Law, which is associated with Penn’s Annenberg Public Policy Center. Her work often addresses issues related to national security, political philosophy, and criminal law theory.

The question being presented in Trump v. U.S. is whether or not presidential immunity extends to protection from criminal prosecution regarding actions conducted outside the scope of official duty. In the brief, Finkelstein grounds her argument in the principle that “no person is above the law.”

The amicus urges the court to reject the arguments for immunity made by Trump and claims that “any form of immunity doctrine is both unnecessary to protect the interests of the presidency and ultimately dangerous for U.S. national security.”

Finkelstein previously told Forbes Newsroom that the allowance of immunity in criminal prosecution for a former president “would have a terrible impact on order and discipline in the armed services because every individual in the chain of command has an obligation to follow the orders of the president.” 

The Supreme Court heard oral arguments in the case on April 25. The justices will now deliberate and eventually issue a ruling to determine whether the case will be taken to trial — or if Trump’s claim of presidential immunity will be upheld.

On May 30, Trump was convicted on 34 felony counts, marking the first time a former president has been found guilty of a crime. The 34 charges — for falsifying business records — are related to a hush-money payment made to adult film star Stormy Daniels during Trump's 2016 presidential campaign.