Please read the fact pattern below. You will be asked to answer two questions in response to the
facts. The questions themselves may also present new facts for you to consider, in addition to the
fact pattern provided below. It is helpful/strongly encouraged to use the IRAC formula when addressing each answer. First,
start with identifying the issue, then establish the rule and what case the rule comes from. Apply
that rule to these facts, and then provide your conclusion to the issue presented with these facts.
Essay Question(s):
Fact Pattern
On April 25, 2024, the U.S. Supreme Court (“SCOTUS”) heard oral arguments in
the case of Trump v. United States (2024).1 The case stems from the pending
criminal prosecution against former President Donald Trump relating to the events
of January 6, 2021. In his defense, Trump raised a claim of absolute executive
privilege; a claim that he, and any other former president, cannot be prosecuted
criminally unless he was first impeached by the House and convicted by the Senate.
Only then could he face criminal charges for those acts that were undertaken in his
private, personal capacity. The trial court denied these claims, and this decision was
affirmed by the D.C. Circuit Court of Appeals in February of 2024.
The central issue pending before SCOTUS: “Does a former president enjoy
presidential immunity from criminal prosecution for conduct alleged to involve
official acts during his tenure, and is so, to what extent?”
