Supreme Court seems skeptical of Trump’s claim of absolute immunity but decision’s timing is unclear

The Supreme Court on Thursday appeared likely to reject former President Donald Trump’s claim of absolute immunity from prosecution over election interference, but it seemed possible Trump could still benefit from a lengthy 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 Democrat Joe Biden.

But in arguments lasting 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.