Buckeye Reporter

Ohio Attorney General Dave Yost, along with attorneys general from Alaska and Wyoming, have submitted an amicus brief to the U.S. Supreme Court urging the establishment of a legal test for presidential immunity. The brief, filed in the case of Trump v. United States, argues that defining the limits of presidential immunity is crucial due to the potential for future prosecutions involving this issue.

Yost emphasized the importance of establishing clear guidelines for presidential immunity, stating, "A line of normal behavior has been crossed... it seems likely that we will see future cases in which a prosecutor charges a chief magistrate." He highlighted the need for the Supreme Court to provide "clear and steady-handed guidance" on this matter.

The amicus brief proposes a two-factor legal test for determining presidential immunity in cases involving alleged criminal actions by the president. The first factor examines the closeness of the action to the president's core powers under Article II of the Constitution, while the second factor considers the urgency of the situation in which the president acted.

Yost and his counterparts are calling on the Supreme Court to adopt this legal test and to further examine the issue of presidential immunity in light of the complexities surrounding the matter.

The Supreme Court had previously agreed to decide in Trump v. United States the extent to which a former president is immune from criminal prosecution for actions taken during their time in office. Yost's proposed legal test aims to provide a framework for future cases involving presidential immunity.

For media inquiries, contact Dominic Binkley at 614-728-4127.