The United States Supreme Court is set to make a ruling this week on whether former President Trump enjoys immunity, in a move that could reshape the power of the country’s highest office and push the 2024 presidential election into unknown territory.
Trump initiated this legal challenge stemming from the 2020 federal election interference case, claiming that he has presidential immunity for the actions he is accused of in that case. The crux of the issue lies in whether a former president remains entitled to immunity from criminal prosecution for official acts during his time in the White House.
Supreme Court justices are weighing the level of protection presidential immunity affords a former president and will soon make a decision. Here are five key points to consider as summarized by The Hill.
In the spring court debates this year, Trump’s lawyers and Jack Smith, the special prosecutor for the 2020 federal election interference case, presented divergent arguments on presidential immunity, giving the justices a lot of leeway in their decision-making.
Trump’s lawyers argue that if the alleged actions took place as part of his official duties while in office, he should still enjoy immunity from prosecution even after leaving the White House.
However, Smith’s team contends that only the sitting president is immune from criminal prosecution.
The justices are likely to provide a nuanced answer in this case, leaning towards ruling that a former president can be prosecuted for “personal conduct” while still enjoying immunity for the core duties of his presidency.
Among the nine Supreme Court justices, three were appointed by Trump, adding extra scrutiny to any ruling on his immunity.
Conservative justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have previously expressed their views on differentiating between a president’s “personal conduct” and “official acts,” generally leaning towards the argument that a president can be prosecuted for various personal behaviors while official acts should be immune.
While Trump’s federal election interference case has been on hold for several months, a decision by the Supreme Court could further delay the trial.
The justices may rule on Trump’s immunity for his official acts while also deciding that the alleged actions outlined in the charges against him do not fall under official acts, potentially moving the case towards trial later this year.
However, the Supreme Court could also send the case back to lower courts for review, asking District Judge Tanya Chutkan to reconsider whether Trump’s alleged actions fall under official acts according to the new standards proposed by the justices, paving the way for Trump to appeal to the Supreme Court again.
Any decision made by the Supreme Court could impact Trump’s other criminal cases, mainly resulting in trial postponements.
Trump faces federal charges for mishandling classified documents in Florida and state charges related to the 2020 election interference in Georgia. In late May, he was found guilty in the “hush money case” in New York of forging business records among 34 felony charges, currently under appeal.
If Trump’s efforts to postpone these cases are successful and he wins the presidential seat in November, he could order the Department of Justice to drop federal charges against him. Though he cannot instruct state prosecutors to drop charges, experts believe it is unlikely for courts to prosecute a sitting president.
If the Supreme Court supports Trump’s claim of full immunity, his conviction in New York could also be overturned.
The ruling on Trump’s immunity case is likely to be announced before the presidential debate between Trump and Biden this week.
The Supreme Court is set to enter a recess soon, with rulings scheduled for Wednesday, Thursday, and Friday. With 14 contentious cases awaiting decisions, the ruling on presidential immunity might be delayed until the first week of July.
The first presidential debate for the 2024 election is scheduled for Thursday night. If the Supreme Court makes a ruling on Trump’s immunity by then, it will undoubtedly become a captivating topic on the debate stage.