Justice Alito questions whether presidents will have to fear 'bitter political opponent' throwing them in jail

Supreme Court Justice Samuel Alito on Thursday asked Justice Department attorneys whether presidents will have to fear prosecution by a "bitter political opponent" if they reject former President Trump's immunity arguments.

Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.

Justice Samuel Alito on Thursday, during arguments from Justice Department attorney Michael Dreeben — who presented arguments on behalf of Smith — questioned the repercussions of charging a former president. 

"Now if an incumbent who loses a very close, hotly contested election knows that a real possible nullity after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent," Alito presented.