The Supreme Court is set to rule on Monday regarding Donald Trump’s claim of presidential immunity in relation to his indictment for allegedly attempting to overturn the 2020 election.
Legal experts suggest the most likely outcome is that the case will be sent back to a lower court for further examination. The court will determine whether Trump’s actions were considered “public” conduct, shielded by presidential immunity, or “private” conduct, not covered by immunity.
The case hinges on whether Trump can challenge the special counsel’s indictment for election subversion. Trump argues that former presidents should be immune from criminal prosecution for actions taken while in office, but the justices have shown skepticism towards this claim.
Two lower courts have already ruled against Trump’s broad immunity claim. However, Chief Justice John Roberts and Justice Brett Kavanaugh, both conservative justices, have suggested that the U.S. Appeals Court for the District of Columbia Circuit may have erred in its approach.
The Supreme Court might instruct lower courts to determine whether Trump’s actions on January 6 were official or private before deciding on immunity. This could delay the trial, which Trump has aimed to push beyond the 2024 election. Alternatively, the justices could rule that Trump does not have any immunity from prosecution, allowing the trial to proceed as planned.
The Supreme Court’s decision to delay the ruling until July 1 provides Trump with a temporary reprieve from seeing the case get to trial ahead of the 2024 presidential election. If the court sends the case back, it could delay the trial past the November 2024 election, aligning with Trump’s strategy. However, if the court rules against him, the trial could proceed swiftly, impacting the election.
The potential ambiguities of a public vs. private conduct test set by the court could result in another appeal by Trump or the prosecution if they contest the judge’s interpretations. The Supreme Court’s decision in Fischer v. United States could also affect whether Trump can still legally face two of the four charges pertaining to obstruction allegations.
Trump pleaded not guilty in August to a four-count indictment related to election subversion. The outcome of this case could significantly impact the 2024 presidential election.
