But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. Juries can’t even consider official acts in terms of a prosecution, according to the Supreme Court. This case poses a question of lasting significance: When may a former President be prosecuted for official acts taken during his Presidency? She said they could easily have expressed that some of Trump’s conduct was unofficial. Sorting private from official conduct sometimes will be difficult—but not always.

---

Persons: Donald Trump’s, Trump, John Roberts, Here’s Roberts, ”, Roberts, ’, –, Jack Smith’s, John Sauer, Amy Coney Barrett, Barrett, Mike Pence, Pence, they’re, George Washington’s, Smith, Clarence Thomas, “, …, Sonia Sotomayor, Trump’s, Sotomayor Organizations: CNN, Trump, Branch, Capitol, Supreme, Government, Founders Locations: Washington ,, Washington, United States