On Thursday, the U.S. Supreme Court heard arguments about Trump’s presidential immunity claim. The justices may reject Trump’s claim, but if the trial can be delayed until after the November election, it will benefit his re-election campaign.
Chief Justice John Roberts seems to not support Trump’s absolute immunity claim, and at least four other justices share a similar attitude. The claim, if supported by the justices, would prevent special prosecutor Jack Smith from prosecuting Trump on four federal felony charges related to the “January 6th” case.
During the over two and a half hours of arguments, Roberts and several other justices hinted that the case might be remanded back to lower courts before any trial could begin.
Roberts expressed dissatisfaction with how the federal appeals court handled Trump’s loss.
The timing of the Supreme Court’s decision could be as crucial as the outcome. Republican presidential candidate Trump in 2024 has been pushing for the trial to be postponed until after the election, as a later decision by the justices would be more favorable to him.
The active questioning by the nine justices in this case conveyed the strong impression that the court will not reach a speedy, consensus decision that would expedite the trial.
Two of the three justices appointed by Trump, Neil Gorsuch and Brett Kavanaugh, indicated that the former president may have some form of immunity. In this case, the lower court must determine whether this applies to President Trump, further delaying the trial.
Amy Coney Barrett, another justice appointed by Trump, does not seem to support the argument made by Trump’s lawyer John Sauer.
Trump’s lawyers argue that a former president has the absolute immunity for their official actions. They claim that without this, politically motivated prosecutions of former Oval Office occupants would become commonplace, and presidents would be unable to fulfill their command roles if they had to worry about criminal charges.
Lower courts, including a panel of three judges from the Washington D.C. Court of Appeals, dismissed these arguments.
Smith’s team is seeking a quick resolution. The court typically issues its final opinions around the end of June, about four months before the election.
Trump is the first former president to face criminal charges. He had hoped to attend the Supreme Court hearing on Thursday. However, he had to appear in a New York City criminal court, where he is facing trial for charges of falsifying business records related to hush money payments.