MSU Law Professor Cited in High-Profile U.S. District Court Case

MSU College of Law Professor Brian Kalt, widely recognized for his expertise in structural constitutional law especially related to the office of the President, was cited in a federal court case related to former President Donald Trump. In a U.S. District Court opinion on a defense motion to dismiss the charges “based on Presidential immunity and on constitutional grounds.”

The citation was included in the December 1, 2023, “Memorandum Opinion” by U.S. District Court for the District of Columbia Judge Tanya S. Chutkan. The reference was taken from the response by Professor Kalt to an article by Professor Saikrishna Prakash, both published in the Texas Law Review Online. The articles addressed the issue of whether a sitting President is immune from prosecution. In simple terms, Professor Kalt’s position is that immunity applies until the term in office is concluded. Read the Court’s opinion. Professor Kalt is cited on page 8.

Professor Kalt, Harold Norris Faculty Scholar, has focused his scholarship “on structural constitutional law, especially provisions concerning the presidency (elections, impeachment, pardons, and the 25th Amendment), and on juries.” In addition to the reference article in the Texas Law Review Online, he has authored additional articles and a book chapter on this subject. A relevant article, “The Presidential Privilege Against Prosecution,” was written with Yale Law Professor Akhil Amar and published in Nexus in 1997. Professor Kalt’s book, “Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies,” was published by the Yale University Press in 2012.

“The cited passage reflects the complexity of Brian’s thinking and scholarship,” said Associate Dean for Faculty and Intellectual Life David Blankfein-Tabachnick. “It is rare for a law professor to have an impact at this level.”