The Supreme Court is seen in Washington, March 7, 2024. (AP Photo/J. Scott Applewhite, File)
"Now if an incumbent who loses a very close, hotly contested election knows that a real possible nullity after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent," Alito asked.
"Will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? And we can look around the world and find countries where we have seen this process, where the loser gets thrown in jail," he said.
"I think it's exactly the opposite," Dreeben replied. "There are lawful mechanisms to contest the results in an election." Dreeben went on to discuss Trump's attempts to challenge the 2020 election in the courts.
The official question the Supreme Court is considering is: "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."
The question stems from Special Counsel Jack Smith’s federal election interference case in which he charged former President Trump. Trump pleaded not guilty to all charges and argues he should be immune from prosecution from official acts done as president of the U.S.
It's unclear how soon the Supreme Court will rule on the presidential immunity issue.
Both liberal and conservative justices focused on the broader implications for future presidents, but raised sharply different concerns.
U.S. Supreme Court Justice Brett Kavanaugh gestures as he speaks at a judicial conference, Thursday, Sept. 7, 2023, in Cleveland. (AP Photo/Sue Ogrocki) (AP Photo/Sue Ogrocki)
And Justice Neil Gorsuch stressed during questioning: "We're writing a rule for, yes, for the ages."
As for Alito's question, the former president has repeatedly claimed that he is being prosecuted by his political opponents, warning Americans and voters that all cases against him, in all jurisdictions, are being brought by his opponent — President Biden — and being done in coordination with the White House.
President Joe Biden speaks to the National Action Network Convention remotely from the South Court Auditorium of the White House, Friday, April 12, 2024, in Washington. (AP Photo/Alex Brandon) (AP Photo/Alex Brandon)
Trump says his opponents want to keep him confined to the courtroom during the 2024 election cycle to prevent him from campaigning.
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The former president, who was prohibited by New York Judge Juan Merchan from attending the Supreme Court arguments Thursday, instead sat in a Manhattan courtroom for his criminal trial out of Manhattan District Attorney Alvin Bragg's investigation.
Bragg charged Trump with 34 counts of falsifying business records in the first degree. Trump pleaded not guilty.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
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