The Supreme Court Should Rule Swiftly on Trump’s Immunity Claim

On Thursday, the U.S. Supreme Court will hear Donald Trump’s arguments that he is immune from prosecution for his efforts to steal the 2020 presidential election. It is likely that all — or nearly all — of the justices will agree that a former president who attempted to seize power and remain in office illegally can be prosecuted. I suspect that some justices may also wish to clarify whether doctrines of presidential immunity might apply in other contexts — for example, to a president’s actions as commander in chief during a time of war. But the justices should also recognize the profoundly negative impact they may have if the court does not resolve these issues quickly and decisively.

If delay prevents this Trump case from being tried this year, the public may never hear critical and historic evidence developed before the grand jury, and our system may never hold the man most responsible for Jan. 6 to account.