Supreme Court Arguments in Trump Exemption Case

11:01 am ET, April 25, 2024

Michael Drieben: Jack Smith's attorney takes the stage

From CNN's John Fritz

Michael Drieben departs the U.S. Department of Justice to argue his hundredth case at the U.S. Supreme Court on April 27, 2016 in Washington, DC.

Jonathan Ernst/Reuters

Michael Drieben, a senior Supreme Court attorney now representing special counsel Jack Smith, will take his stand behind the lectern to address the court.

Drieben would argue that nothing in the nation's history or law says that a former president should be immune from prosecution. If his written briefs are any indication, Drieben will try to drive home the broader point that the nine justices — even former presidents — are not above the law.

Like Trump's lawyer, Drieben will speak for two minutes without interruption, then begin taking questions from the justices.

Treepen has Argued more than 100 cases Before the Supreme Court.

Drieben became one of the nation's foremost authorities on criminal law after more than three decades with the Office of the Solicitor General, the division of the Justice Department that handles appellate cases on behalf of the federal government.

This isn't Dreyben's first run at representing a special counsel. In 2017, Drieben joined special counsel Robert Mueller's investigation into Russian interference in the 2016 election.

In a story that underscores his fluency with the high court and its members, Drieben argued his first case in 1989. The opposing attorney in the case is John Roberts, who will become the presiding judge.

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