Supreme Court Hears Historic Case on Trump's Immunity Claim and Presidential Power

On April 25, 2024, the U.S. Supreme Court made a historic decision regarding former President Donald Trump's claim of "absolute immunity" from criminal prosecution related to official acts while in the White House.

During the three-hour-long argument, John Sauer, Trump's attorney, effectively surrendered the unprecedented claim of absolute immunity by conceding that a former president could be prosecuted for an official act if impeached by the House and convicted by the Senate. Additionally, the legal team admitted that personal or private conduct committed while in office could also be subject to prosecution.

Debating Official Acts and Judicial Review

Following the concession made by Trump's attorney, a contentious debate ensued regarding which types of official acts by a president are protected from judicial and prosecutorial review and how to determine this. The justices of the high court posed various hypothetical scenarios about presidential actions and their implications in the context of criminal liability.

The court's conservatives showed readiness to dismiss the appeals court's rejection of immunity for Trump, indicating a potential narrowing of the case against him based on the majority's devised rule for what official acts are fair game for prosecution.

During the arguments, the justices deliberated on how to define an official act, considering the president's motives and the advice received from the attorney general. This discussion also encompassed the protection of certain actions and the need to guard against fundamentally evil acts.

Landmark Decision and Delay Tactics

The court gave no indication of a quick decision, suggesting that the justices would take their time in drafting the historical opinion, potentially extending well into June. This delay plays to Trump's advantage, allowing more time for the legal process and potentially impacting the outcome before the upcoming November elections.

It appears less likely that a federal trial for Trump over his efforts to overturn the 2020 election results will commence before the November elections. However, the possibility of Trump being held accountable in court remains, as certain allegations in the indictment might not be shielded by immunity, allowing the case to proceed.