Mitch McConnell doubles down on anti-Trump stance saying he should NOT be granted presidential immunity as Supreme Court mulls decision

Senate Minority Leader Mitch McConnell broke with Donald Trump and reiterated that he does not believe a former president has absolute immunity from prosecution as the Supreme Court considers that every question just months ahead of the presidential election.

Trump's lawyers argued before the Supreme Court last week that he should be immune from prosecution in a case that will have a sweeping impact not just on the former president, but for presidential powers in the United States.

His team wants two federal indictments by Special Counsel Jack Smith - for allegedly trying to overturn the 2020 election after his loss to President Biden and for his mishandling of classified documents - to be thrown out.

Trump and his team have argued that all presidents would be undermined if he isn't allowed to assert the immunity from prosecution for 'official acts' as president he claims to enjoy. 

McConnell was asked in an interview on CBS News' Face the Nation on Sunday whether he believed former presidents should be 'completely immune from liability.'

The outgoing GOP leader in the Senate pushed back stating that he stands by everything he previously said on the matter - that Trump should not be immune.

Senate Minority Leader McConnell in an interview with Face the Nation where he broke with Trump by reiterated his stance that former presidents should not have immunity 

Trump is facing charges in four separate criminal cases. His lawyer argued before the Supreme Court that the ex-president has immunity stemming from the case over election interference in Washington, DC

After the attack on January 6, 2021, McConnell voted to acquit Trump during his second impeachment trial. But McConnell said Trump did not get away with anything.

'We have a criminal justice system in this country. We have civil litigation, and former presidents are not immune from being accountable by either one,' McConnell said on February 13, 2021. 

 'I stand by everything I said then. Obviously, it'll be up to the Supreme Court to decide whether I was correct,' McConnell told Face the Nation on Sunday.

Trump's lawyer made the argument during the hearing on Thursday that only former presidents who are impeached and convicted by the Senate can be criminally prosecuted. 

A sketch of Trump's lawyer John Sauer making his argument that Trump is immune from prosecution before the Supreme Court on April 25, 2024

Trump on January 6, 2021. After the attack on the Capitol, McConnell called the ex-president 'morally responsible'

Trump was impeached, but McConnell played a role in the ex-president not being convicted with his vote to acquit Trump in the Senate.

When this was pointed out by moderator Margaret Brennan, McConnell responded 'I don't regret anything I said then. I haven't taken it- anything I said then back, but the answer to your question is going to be in the courts. The Supreme Court's gonna decide that.'

The country's highest court appeared poised to reject Trump's claim of absolute immunity last week, but conservative justices signaled they could further delay his trial for election interference. 

After the attack on January 6, McConnell blasted Trump as 'morally responsible' for the mob that stormed the Capitol. 

But while McConnell said he stands by what he said about January 6 and Trump's role, he has already endorsed Trump in his current bid for the White House.

The endorsement came after Super Tuesday last month when Trump moved closer to officially clinching the nomination and final Republican opponent Nikki Haley dropped out of the race.

McConnell said at the party nominee, Trump would have his support.

The Senate minority leader doubled down on that support Sunday on Face the Nation saying Republican voters across the country made a decision.

Trump and McConnell together at a campaign rally in 2019. McConnell endorsed Trump for president last month despite his criticism of the ex-president

'As the Republican leader of the Senate, obviously, I'm gonna support the nominee of our party,' he said.

Trump and McConnell have long had a tumultuous relationship. 

The pair worked side-by-side on key pieces of legislation while Trump was in office and McConnell was Senate Majority Leader, but the ex-president has also lashed out at the GOP senator as well has his wife, former Transportation Secretary Elaine Chao, on numerous occasions. 

If the ex-president is reelected for a second term, he and McConnell will once again be working together on GOP priorities as McConnell will still be in the Senate.

However, McConnell will not serve as Senate Republican Leader again even if Republicans retake the Senate majority. 

The 82-year-old lawmaker announced in February he would step down from leadership in November paving the way for a new GOP Senate leader.