Supreme Court Justice Samuel Alito questioned Justice Department attorney Michael Dreeben about the layers of protection presidents have for making tough decisions in office.

The discussion took place Thursday as the Supreme Court heard arguments in Trump v. United States, focused on whether former President Donald Trump should be granted immunity from prosecution for his role in trying to overturn the 2020 election.

Alito and Dreeben discussed historical examples and expectations at multiple levels of government, including that attorneys general can be trusted to act ethically, that federal grand juries will shield presidents against unwarranted indictments, and that former presidents have the same protections afforded all criminal defendants.

"That may be true at the end of the day, but a lot can happen between the time when an indictment is returned, and the time when the former president finally gets vindication, perhaps on appeal," Alito said.

Dreeben argued that "it's baked into the Constitution" that presidents are exposed to potential prosecution if they commit criminal acts. "It's common ground that all former presidents have known that they could be indicted and convicted, and Watergate cemented that understanding," he said.

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