Supreme Court Brief by Prof. Richard Painter Quoted in New York Times

Professor Richard Painter, S. Walter Richey Professor of Corporate Law, had a brief he filed in 2024 in Trump v. United States linked to and quoted in a New York Times article. The Times wrote that as a private attorney, current U.S. Attorney General Pam Bondi filed a brief in the same case arguing that the Supreme Court should find for Donald Trump on the question of immunity from criminal prosecution without fear that the military would execute unlawful orders of a future president.  Bondi’s argument then was that no matter what the immunity status of the president, service members cannot execute illegal orders. Prof. Painter said this is in stark opposition to recent events in which Trump issued illegal military orders to attack civilian ships on the high seas. In addition, when six Democratic lawmakers reminded members of the military that they must refuse unlawful orders, Trump called their actions “seditious behavior” with Bondi completely agreeing with him. Prof. Painter’s brief said that presidential immunity coupled with the power to pardon crimes would be a recipe for wholesale lawlessness. Read the brief here.