SCOTUS seems skeptical of Trump’s presidential immunity argument – By Tom Dempsey (News Nation) / April 25, 2024
- Justices weigh if Trump can be prosecuted in election interference case
- Trump’s team: Presidency can’t retain independence without immunity
- Special counsel: No one above the law — including the president
WASHINGTON (NewsNation) — The U.S. Supreme Court on Thursday appeared likely to reject former President Donald Trump‘s claim of absolute immunity from prosecution over election interference. However, it seemed possible Trump could still benefit from a trial delay, possibly beyond November’s election.
Chief Justice John Roberts was among at least five members of the court who did not appear to embrace the claim of absolute immunity that would stop special counsel Jack Smith’s prosecution of Trump on charges he conspired to overturn his 2020 election loss to President Joe Biden during his duty as president. The case stems from Trump’s attempts to have charges against him dismissed.
Arguments lasted more than 2 1/2 hours in the court’s first consideration of criminal charges against a former president. Roberts also was among several justices who suggested that the case might have to be sent back to lower courts before any trial could begin. Roberts indicated he was unhappy with the reasoning adopted by the federal appeals court that ruled against Trump.
Lower courts have found Trump cannot claim immunity for actions that, prosecutors say, illegally sought to interfere with the election results.
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